I hereby promulgate the Fisheries Law. Signed:HIROHITO, Seal of the Emperor This fifteenth day of the twelfth month of the twenty-fourth year of Showa (December 15, 1949) Prime Minister YOSHIDA Shigeru Law No.267 The Fisheries Law Contents Chapter I General Provisions (Articles 1-5) Chapter II Fishery Right and Common-of-Piscary Right (Articles 6-51) Chapter III Designated Deep-Sea Fisheries (Articles 52-64) Chapter IV Fisheries Adjustment (Articles 65-74) Chapter V Right Fee and Licence Fee (Articles 75-81) Chapter VI Fisheries Adjustment Commission and Central Fisheries Adjustment Commission Section 1 General Provisions (Articles 82揃83) Section 2 Sea-Area Fisheries Adjustment Commission (Articles 84-104) Section 3 United Sea-Area Fisheries Adjustment Commission (Articles 105-111) Section 4 Central Fisheries Adjustment Council (Articles 112-114) Section 5 Miscellaneous Provisions (Articles 115-119) Chapter VII Use of Land and/or Properties Appurtenant Thereto (Articles 120-126) Chapter VIII Fisheries in Inland Waters (Articles 127-132) Chapter IX Miscellaneous Provisions (Articles 133-137) Chapter X Penal Provisions (Articles 138-145) Supplementary Provisions Chapter I General Provisions
(Purpose of this Law) 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.
(Definition) 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.
(Extent of Application of this Law) 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.
(Joint Application) 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.
Chapter II Fishery Right and Common-of-Piscary Right
(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: (1) Fisherman; (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.
Chapter III Designated Deep-Sea Fisheries
(Designated Deep-Sea Fisheries) 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.
(Fixed Number of Licences) 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.
(Authorization for Commencing Operation) 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.
(Cases of No Licence or Authorization for Commencing Operation Given) 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: (1) In case the applicant has no eligibility as prescribed in Article 57; (2) In case where there exists a fear that an excessive concentration of licences for the similar kinds of fisheries with those applied for may occur; (3) In case it is deemed necessary to do so for the purpose of fisheries adjustment or other public interests. 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.
(Eligibilities for Licence) 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: (1) Any person who is especially wanting in spirit in the observance of laws and orders concerning fishery; (2) Any person who is especially wanting in spirit in the observance of laws and orders concerning labor; (3) Any ship for which licence is applied for does not fulfil the conditions as specified by the competent Minister; (4) Any person who has not sufficient fund to engage in the fishery applied for; (5) In case where there is a fear that such person as ineligible for licence in accordance with the provision of item (1) or item (2) comes to substantially dominate the management of that fishery whatever the name may be. 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.
(New Licence) 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: (1) Whether or not the applicant has any experience in operating the fisheries applied for; (2) In case the applicant has the experience as mentioned in the preceding item, whether or not he is currently given the licence for those fisheries or authorization for commencing operation thereof;in case no licence or authorization is given, the reasons thereof;in case licences or authorizations are given, the number thereof; (3) In case the applicant has no experience as mentioned in item (1), whether or not he has any experience in engaging in those fisheries; (4) In case the applicant has no experience as mentioned in item (1) and the preceding item, whether or not he has any experience in operating or engaging in deep-sea fisheries, the same kind of fisheries having the object of taking aquatic animals with those fisheries or other kinds of fisheries similar to those fisheries; (5) In case the applicant has no experience as mentioned in item (1) and the preceding two items, whether or not he is a fisherman; (6) In case the applicant is a fisherman, whether it is his special occupation or by-occupation to operate or engage in fisheries; (7) In case the applicant is a non-fisherman, whether or not he intends to operate fisheries permanently.
(Successive Licence) 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: (1) In case any person having a licence for the designated deep-sea fisheries files a successive application for licence for the fisheries at the expiration of the term thereof; (2) In case any person having a licence for the designated deep-sea fisheries abandons the fisheries by the ship given licence therefor and files an application for licence or authorization for commencing operation by any other ship; (3) In case any person having a licence for the designated deep-sea fisheries has lost or has the ship given licence sunk and files an application for licence or authorization for commencing operation by any other ship within six months from the day when the ship was lost or sank; (4) In case any person who has, from the person having a licence for the designated deep-sea fisheries, acquired a ship given licence therefor by inheritance, transfer, loan or return, or acquired the right to use the ship by other means and intends to operate such fisheries, files an application for licence or authorization for commencing operation by the same ship; (5) In case any person having been given authorization for commencing operation of the designated deep-sea fisheries dies and his inheritor files a succssive application for the authorization for commencing such operation. However, when there are two or more inheritors, it shall be given only in case all of them file a joint application or in case they designate, upon consulting with one another, a person who operates the designated deep-sea fisheries and that person files an application therefor; (6) In case, when any amalgamation has been effected by juridical persons given licence for the designated deep-sea fisheries or authorization for commencing operation thereof, the juridical person which continues to exist after the amalgamation or the juridical person which has been established by the amalgamation files an application for licence or authorization for commencing operation.
(Effective Term of Licence) 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.
(Alteration of Contents of Licence) 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.
(Loss of Effect of Licence or Authorization for Commencing Operation) 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: (1) In case the operation by a ship given licence for the designated deep-sea fisheries is abandoned; (2) In case a ship given licence for the designated deep-seal fisheries has been lost, has sunk or been dismantled or has lost its nationality; (3) In case a ship given licence for the designated deep-sea fisheries is transferred, leased, returned to its owner, or in case the person given licence loses the right to use it for other reasons.
(Modified Application of Provisions) 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."
(Deduction of Fixed Number of Licences) 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: (1) The number of licences for the designated deep-sea fisheries concerned or authorizations for commencing operation thereof actually given to that person as compared with the number of licences or authorizations for commencing operation given to other persons regarding the designated deep-sea fisheries concerned; (2) The extent of economical dependency of that person on the designated high sea fisheries concerned; (3) The labor condition thereof; (4) The condition of his management. 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" .
Chapter IV Fisheries Adjustment
(Ordinances concerning Fisheries Adjustment) 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: (1) Restriction or prohibition relating to gathering and taking aquatic animals and plants; (2) Restriction or prohibition relating to sale or possession of aquatic animals and plants or products therefrom; (3) Restriction or prohibition relating to fishing gears or fishing boats; (4) Restriction relating to the number or qualifications of fisheries operators; (5) Restriction or prohibition relating to abandonment or leakage of such things as injurious to aquatic animals and plants; (6) Restriction or prohibition relating to collection or removal of such things as necessary for propagation and protection of aquatic animals and plants; (7) Restriction or prohibition relating to transplantation of aquatic animals and plants. 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.
(Prohibition of Unlicensed Operation of Jibiki Ami Fishery, etc.) 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.
(Instructions of Sea-Area Fisheries Adjustment Commision) 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.
(Restrictions an Fishing Methods) 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.
(Protection of Anadromous Fish) 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. 6 In case the order has been issued as prescribed in paragraph 2 to effect work for the elimination of obstructive structure, if there exists a Preferential right, pledge or mortgage upon the structure concerned, the provisions of Article 39 paragraphs 10 and 11 (Deposit of Compensation Money) shall apply mutatis mutandis thereto.
(Markings for Fishing Grounds or Fishing Gears) Article 72. The governor of To, Do, Fu or prefecture may order any fisheries operator, Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations to establish markings for fishing grounds or fishing gears.
(Waters not Subject to Public Use) Article 73. The provisions of Article 65 (Ordinances concerning Fisheries Adjustment), Articles 68 to 71 inclusive (Restriction on Fishing Methods and Protection of Anadromous Fish) and the penal provisions therefor may, as prescribed by Ordinance, apply to waters which, not being subject to the public use, are connected with waters which are subject to the public use or connected with the waters as mentioned in Article 4.
(Fisheries Supervising Public Officials) Article 74. The competent Minister or the governor of To, Do, Fu or prefecture shall appoint fisheries supervisors or fisheries supervising officials from among the officials attached to his office and cause them to take charge of the affairs relative to the enforcement of laws and orders concerning fishery. 2 Necessary matters relating to the qualifications of fisheries supervisors and fisheries supervising officials shall be prescribed by Ordinance. 3 Any fisheries supervisor or fisheries supervising official may, when deemed necessary, enter the fishing ground, ships, operation places, offices, warehouses, etc. and make investigations into the conditions thereof or books, documents and other objects, or may question the persons concerned. 4 In case any fisheries supervisor or fisheries supervising official performs his duties, he must carry with him a card identifying his status and show it at any time when requested. 5 Any fisheries supervisor or fisheries supervising official who is nominated by the chief of the office to which he is attached upon consultation with the chief public, prosecutor of the public prosecutor's office homologous to the local court which has jurisdiction over the principal district where he proforms his duties, shall, in respect to the crimes concerning fisheries, exercise the functions of a judicial police as prescribed by the Code of Criminal Procedure (Law No.131 of 1948).
Chapter V Right Fee and Licence Fee
(Right Fee and Licence Fee) Article 75. Any right owner of coastal fisheries or any person who has been given licence therefor must pay a right fee or licence fee to the Government every year. 2 The amount of the right fee and licence fee as mentioned in the preceding paragraph, must be determined according to the productivity of the fisheries concerned in a circumspective consideration of types or scales of fisheries and relative superiority of fishing-grounds etc., in such a manner that the annual total amount thereof may become almost equal to the sum equivalent to the annual payment to be required in case where the portion of expenses for coastal fisheries out of the monetary compensation as prescribed in Article 9 of the Enforcement Law for the Fisheries Law (Law No.268 of 1949) will be paid by the method of equal annual instalment with principal and interest in conformity with the period and rate of interest determined by the competent Minister. However, in cases where the amount of right fee or licence fee is deemed to surpass the solvency of fisheries operators, the amount of the right fee or licence fee may be determined in such a manner that the annual total amount thereof may become less than the sum equivalent to the annual payment. 3 Any person who has been given licence for the following fisheries must pay a licence fee to the Government every year: (1) Factory ship fisheries; (2) Whaling (except for factory ship fisheries, any whaling operated by means of a harpoon gun on board a powered vessel equipped with a screw propeller); (3) Otter trawler fisheries; (4) Medium trawler fisheries west of 130属E.; (5) Tuna and bonito fishery (which means, except for factory ship fisheries, any fishery operated on board a powered vessel of 20 or more gross tons equipped with a screw propeller by means of fish hooks or floating long lines for the purpose of taking bonito, tuna, swordfish or shark). 4 The amount of the licence fee as mentioned in the preceding paragraph, must be determined according to the productivity of the fisheries concerned in a circumspective consideration of types or scales of fisheries, etc., in such a manner that the annual total amount thereof may not surpass the amount which is calculated according to the annual total amount of the right fees and licence fees as mentioned in paragraph 1 multiplied by a definite rate as determined by the competent Minister upon hearing the opinion of the Central Fisheries Adjustment Council therefor.
(Reduction and Exemption) Article 76. If, in cases where it is deemed remarkably difficult to pay right fees or licence fees because of the solvency curtailment of fisheries operators owing to marked fluctuation of economic condition, poor catch, natural calamities or other unavoidable causes, the Central Fisheries Adjustment Council files an application for moderation of collection of right fees or licence fees for that year, the Government may exempt or reduce the right fees or licence fees for that year, give an extension of time for the payment thereof or take other necessary procedures to lighten the burden concerning the payment of night fees or licence fees. 2 Any fisheries operator who has his solvency curtailed owing to poor catch, natural calamities or other unavoidable causes regarding the fisheries he operates, or who has been ordered to suspend his exercise of fisheries right or fisheries licenced except for the case where the fisheries operator is responsible therefor may file an application with the Sea-Area Fisheries Adjustment Commission for its application for moderation to the Government relative to collection of right fee or licence fee to be paid. If, in cases where the application as mentioned in the preceding paragraph has been filed, the Sea-Area Fisheries Adjustment Commission, upon deeming the application appropriate, applies for moderation of the collection to the Government, the Government may exempt or reduce right fees or licence fees to be paid by the fisheries operator concerned, give an extension of time for the payment thereof or take necessary procedures to lighten the burden concerning the payment of right fees or licence fees.
(Entrusting of Collection of Fees to City, Town or Village) Article 77. The Government may cause city, town or village to collect right fees or licence fees. 2 In case any city, town or village has lost the collected fees as prescribed in the preceding paragraph by an unavoidable accident, the Government may exempt such city, town or village from the obligation therefor.
(Demand for Payment and Process for Recovery of Arrears) Article 78. In case any person has failed to pay his right fee or licence fee within the period of its payment, the Government shall demand the person to pay the same and collect the demanding fee and arrears thereof. 2 The right fee or licence fee and the demanding fee and arrears as prescribed in the preceding paragraph may be disposed of according to the Procedures for the Recovery of National Taxes in Arrears;or the city, town or village in which the said defaulter is residing or his assets are located may be requested to make the disposition thereof. 3 In case the Government has requested the city, town or village concerned for the disposition as prescribed in the preceding paragraph, it shall be carried out by the city, town or village according to the Procedures for Collecting the City, Town or Village Taxes. In this case the Government must deliver four per cent of the sum of money collected thereby to that city, town or village.
(Order of Preferential Rights) Article 79. The order of the preferential rights on the right fee, licence fee, and demanding fee and arrears as prescribed in paragraph 1 of the preceding Article shall be next to the National Taxes as well as the demanding fee, arrears and the fee of disposition for the recovery of taxes in arrears.
(Modified Application of the Law for Assessment of National Taxes) Article 80. With respect to right fee and licence fee, the provisions of Article 4-(7)(Dispatch of Documents), Article 4-(8)(Dispatch of Notices) and Article 9 paragraphs 2 to 6 inclusive (Demanding Fee and Arrears) of the Law for Assessment of National Taxes (Law No.21 of 1897) shall apply mutatis mutandis.
(Provisions of Delegation) Article 81. Necessary matters relating to the right fee and licence fee other than those as prescribed in the preceding six Articles shall be fixed by Ordinance.
Chapter VI Fisheries Adjustment Commission and Central Fisheries Adjustment Council
Section 1 General Provisions
(Fisheries Adjustment Commission) Article 82. Fisheries Adjustment Commissions shall be a Sea-Area Fisheris Adjustment Commission and a United Sea-Area Fisheries Adjustment Commission. 2 The Sea-Area Fisheries Adjustment Commission shall be under the supervision of the competent Minister and the governor of To, Do, Fu or prefecture;the United Sea-Area Fisheries Adjustment Commission, except for the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission, under the supervision of the competent Minister and the governor of To, Do, Fu or prefecture who administers the sea-area where it is established;and the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission, under the supervision of the competent Minister.
(Matters Under Jurisdiction) Article 83. The Fisheries Adjustment Commission shall carry on the matters relating to the fisheries within the sphere of the sea-area in which it is established.
Section 2 Sea-Area Fisheries Adjustment Commission
(Establishment) Article 84. A Sea-Area Fisheries Adjustment Commission shall be established in each of the sea-areas of waters (including areas of lakes as designated by the competent Minister) as determined by the competent Minister. 2 In case the competent Minister has designated the lakes or determined the sea-areas as prescribed in the preceding paragraph, he shall give public notice thereof.
(Construction) Article 85. The Sea-Area Fisheries Adjustment Commission shall be composed of commissioners. 2 The Sea-Area Fisheries Adjustment Commission shall have a chairman. The chairman shall be elected by the commissioners by co-option. However, in case such co-option is unattainable among the commissioners, the governor of To, Do, Fu or prefecture shall appoint a chairman from among the commissioners as mentioned in paragraph 3 item (2). 3 The commissioners shall consist of the following persons: (1) Seven persons who are elected by those having the right to vote as prescribed in Article 86 from among the persons eligible to election as prescribed in the same Article; (2) Two persons who are appointed by the governor of To, Do, Fu or prefecture from among persons of learning and experience, and one person who is appointed the governor of To, Do, Fu or prefecture from among persons deemed to represent the public interests in the sea-area. 4 The governor of To, Do, Fu or prefecture may, when it is deemed necessary to do so for the purpose of research and deliberation upon special matters, place expert members in the Commission. 5 The expert members shall be appointed by the governor of To, Do, Fu or prefecture from among persons of learning and experience. 6 The Commission may have clerks or assistants therein.
(Right to Vote and Eligibility) Article 86. Any person who has his residence or operation place within the sphere of a city, town or village along the sea-area in which the Sea-Area Fisheries Adjustment Commission is established (including such city, town or village as is, though not coastal, designated by the competent Minister for such special reasons as a considerable proportion of those who are operating or engaging in fisheries in the same sea-area have their residences or operation places within its sphere) and operates fisheries by means of a fishing boat or engages, in behalf of a fisheries operator, in gathering, taking or culturing of aquatic animals and plants by means of a fishing boat for a period of time of ninety day or more in a year, shall have a right to vote and be eligible to election of commissioners of the Sea-Area Fisheries Adjustment Commission. 2 The governor of To, Do, Fu or prefecture may, considering any special circumstances of the sea-area concerned and upon hearing the opinion of the Sea-Area Fisheries Adjustment Commission concerned, increase or restrict the number of the fisheries operators or employees as mentioned in the preceding paragraph relative to specific fisheries. 3 Any commissioner of the Sea-Area Fisheries Adjustment Commission or any officer of the Fishermen's Co-operative Association or Federation of Fishermen's Co-operative Associations who had, at the time of his assumption of office, a voting right and eligibility for election of commissioners of a Sea-Area Fisheries Adjustment Commission as prescribed in paragraph 1 or the preceding paragraph shall be deemed to have a voting right and eligibility for election in the election to be held during his term of office or in the election to be held just after his retirement from office even in case where he has no voting right nor eligibility for election in accordance with the provisions of the preceding two paragraphs.
(Ineligible Persons) Article 87. No person coming under any of the following items shall have the right to vote or be eligible: (1) Any person under twenty years; (2) Any person adjudged incompetent or quasiincompetent; (3) Any person who has been sentenced to imprisonment with or without hard labor and of whom the execution of such sentence has not been either completed or excused.
(Electoral Administrator) Article 88. Affairs relating to the election of commissioners of the Sea-Area Fisheries Adjustment Commission shall be administered by the Election Administration Commission of To, Do, Fu or prefecture as prescribed in Article 181 of the Local Autonomy Law (Law No.67 of 1947)(in case of the Sea-Area Fisheries Adjustment Commission in Hokkaido, the Election Administration Commission of city, town or village as prescribed in the same Article of the same Law).
(Electors'Register) Article 89. The Election Administration Commission of city, town or village as mentioned in Article 86 paragraph 1 must, as prescribed by Ordinance, at the application therefor, prepare an electors'register of the Sea-Area Fisheries Adjustment Commission after investigating the eligibility of the electors as of February 1 every year. 2 In the case as mentioned in the preceding paragraph, if no application has been filed or there exists any clerical error or omission in the application filed, the Election Administration Commission may record the electors in the electors'register or revise the application by virtue of its official authority. 3 The age of an elector shall be computed as on the day when the entry in the electors'register is determined. 4 The electors'register shall contain the full name, date of birth (in case of a juridical person, its title), the address (in case no residence exists in the area concerned, the address of operation place), etc. of each elector. 5 The provisions of Articles 13 to 17 inclusive (Electors'Register) of the Law for the Election of the Members of the House of Representatives (Law No.47 of 1925) shall apply mutatis mutandis to the electors'register as mentioned in paragraph 1. In this case, "November 5" in Article 13 of the same Law shall read "March 20" ; "December 20" in Article 17 paragraph 1 shall read "May 5" ;and "December 19" in paragraph 2 of the same Article shall read "May 4" .
(Voting) Article 90. Election shall be conducted by votes. 2 Each person shall have one vote only. 3 Any voter must come in person to the voting place and write himself the full name of one candidate (in case of a juridical person, the title;hereinafter the same) on the voting paper.However, in case of a juridical person, it shall be exercised by the person designated thereby, and necessary matters in this case shall be determined by Cabinet Order. 4 No voter must sign his own name on the voting paper.
(Void Voting) Article 91. Any of the votes as specified below shall be void: (1) Any vote which is not given in the prescribed form; (2) Any vote on which the full name of a person other than the candidate is written; (3) Any vote on which the full names of two or more candidates are written; (4) Any vote on which the full name of a person who is not eligible is written; (5) Any vote on which any thing other than the full name of a candidate is written;however, this shall not apply to a vote on which the profession, status, residence or honorific title or the like of a candidate is written; (6) Any vote on which the full name of a candidate is not written by the voter himself; (7) Any vote, whereby it is uncertainable for whom the voter has intended to vote.
(Cases Where Deficiency Occurs in Elected Persons) Article 92. If, in cases where any of the following events has occurred, any persons who has polled votes as mentioned in the proviso to Article 55 paragraph 1 of the Local Autonomy Law which applies mutatis mutandis in Article 94 are remaining unelected, there shall immediately be held an election meeting in which an elected person shall be determined from among them. However, in case any of such persons ceases to be eligible after the day of election, he shall not be determined as an elected person: (1) In case any elected person has declined to accept office, or in case any elected person has died; (2) In case any elected person has ceased to be an elected person in accordance with the provision of Article 57 of the Local Autonomy Law which applies mutatis mutandis in Article 94; (3) In case, in consequence of filing of the objection or action as prescribed in Article 66 paragraph 1 or 4 of the Local Autonomy Law which applies mutatis mutandis in Article 94, no person remains duly elected, or the number of the elected persons fails to come to the fixed number of the commissioners to be elected at that election; (4) In case any person who has had a general control of the election campaign of an elected person has been sentenced to punishment on conviction of such offence as is concerned with that election and the election of such elected person has come to be null and void; (5) In case any elected person has been sentenced to punishment on conviction of such offence as is concerned with the election and his election has come to be null and void. 2 If, in cases where any of the items of the preceding paragraph has occurred, no elected person can be determined as prescribed in the preceding paragraph or the number of the elected persons is less than the fixed number though the elected persons have been determined as prescribed in the preceding paragraph (excluding the cases where any deficiency has occurred in the elected persons within a period of two months prior to the expiration of the term of office of the commissioners as mentioned in Article 85 paragraph 3 item (1) and the number of such deficiences is not more than two, combined with the number of vacancies in the office of commissioners), the Election Administration Commission of To, Do, Fu or prefecture (in case of the Sea-Area Fisheries Adjustment Commission in Hokkaido, the Election Administration Commission of a city, town or village;hereinafter the same) must determine the day of election and give public notice thereof and must cause another election to be held. However, this shall not apply to cases where, with respect to one and the same person, public notice of the day of election has been given by any other reason than mentioned in any item of the preceding paragraph or in accordance with the provision of Article 93 paragraph 2. 3 The election as mentioned in the preceding paragraph shall not be held during the period in which, as prescribed in Article 66, paragraph 1 or 4 of the Local Autonomy Law which applies mutatis mutandis in Article 94, any objection is being raised or its decision is pending, or any action is pending in the Law Court. 4 In case no person is duly elected or in case the number of the elected persons is less than the fixed number of the commissioners to be elected at that election, it is the same with the case of the preceding two paragraphs.
(Cases Where Vacancy Occurs in Commissioners) Article 93. If, in cases where any vacancy has occurred in the office of commissioners as mentioned in Article 85 paragraph 3 item (1), any persons who has polled votes as mentioned in the proviso to Article 53 paragraph 1 of the Local Autonomy Law which applies mutatis mutandis in Article 94 are remaining unelected, there shall immediately be held an election meeting in which an elected person shall be determined from among them. In this case, the provision of the proviso to paragraph 1 of the preceding Article shall apply mutatis mutandis. 2 If, in cases where any vacancy has occurred in the office of commissioners as mentioned in the preceding paragraph, no elected person can be determined as prescribed in the preceding paragraph or the number of the elected persons is less than the fixed number though the elected persons have been determined as prescribed in the preceding paragraph (excluding the cases where any vacancy has occurred in the office of commissioners within a period of two months prior to the expiration of the term of office of commissioners and the number of such vacancies is not more than two, combined with the number of deficiencies in the elected persons), the Election Administration Commission of To, Do, Fu or prefecture must determine the day of election, give public notice thereof and cause the election to be held. However, this shall not apply to cases where, with respect to one and the same person, the day of election has, in accordance with the provision of paragraph 2 or paragraph 4 of the preceding Article, already been given public notice of. 3 The provision of paragraph 3 of the preceding Article shall apply mutatis mutandis to the election as mentioned in the preceding paragraph.
(Modified Application of the Local Autonomy Law) Article 94. The Provisions of Article 19 paragraph 4 (Computation Method of Age of Eligible Person), Article 21 (Person Having No Eligibility, Article 24 paragraphs 1, 2 and 4 (Date of Election), Article 28 (Polling District), Article 29 (Superintendent of Poll), Article 30 paragraphs 1 to 3 inclusive, paragraphs 7 to 9 inclusive, text of paragraph 10 and paragraph 11 (Inspector of Poll), Article 31 paragraph 1 (Form of Ballot Paper), Article 32 paragraph 3 (Poll through Proxy), Article 33 (Denial of Voting), Article 34 (Poll of Absentee), Article 35 paragraph 1 (Special Case for Sending Forward Ballot Box of Island, etc.), Article 36 paragraphs 1 and 3 (Re-Poll), Article 37 (Modified Application of the Law for Election of Members of House of Representatives to Poll), text of Article 38 (District for Counting Votes), Article 39 (Superintendent for Counting Votes), Article 40 (Inspector for Counting Votes), Articles 42 to 52 inclusive (Counting Votes and Election Meeting), Article 53 paragraphs 1 to 3 inclusive and paragraphs 10 and 11 (Candidates), Article 55 (Determination of Elected Persons), Article 57 (Nullification of Return), Article 58 paragraph 1, paragraphs 3 to 6 inclusive (Case of Candidates not Surpassing Full Number of Assembly-Men), Articles 59 to 61 inclusive (Measures Taken in Case of Elected Persons Determined, etc.), Article 64 (General Election in Case of Overall Deficiencies in Commissioners or Elected Persons), Article 66 paragraphs 1, 3, 4 and 7, Article 67, Article 68 paragraphs 2 and 3, Article 69, Article 70 (Actions), Article 72 paragraphs 1 and 2 (Modified Application of the Law for Election of Members of House of Representatives to Election Compaign), Article 73 (Modified Application of the Law for Election of Members of House of Representatives to Penal Provisions) and Article 128 (Time of Unemproyment) of the Local Autonomy Law shall, except for the parts relative to election of the chief of an ordinary local public body and the members of an assembly of a city, town or village, apply mutatis mutandis to the election of commissioners of the Sea-Area Fisheries Adjustment Commission. In this case, in Article 19 paragraph 4 of the Local Autonomy Law, "the preceding three paragraphs" shall read "Article 87 item (1) of the Fisheries Law (Law No.267 of 1949)" ; "ten" in Article 30 paragraph 2 (including the case when this applies mutatis mutandis in Article 40 and Article 47 of the same Law which apply mutatis mutandis in this Article) shall read "six" ; "Article 41 and the preceding two paragraphs" in Article 32 paragraph 3 shall read "Article 90 paragraph 3 and Article 91 of the Fisheries Law" ; "Article 32 paragraphs 1 and 2" in Article 34 shall read "Article 90 paragraph 3 of the Fisheries Law" ; "Article 30" in Articles 40 and 47 shall read "Article 30 paragraphs 1 to 3 inclusive, paragraphs 7 to 9 inclusive, text of paragraph 10 and paragraph 11" ; "Article 92 or Article 141" in Article 60 paragraph 3 shall read "Article 95 of the Fisheries Law" ;in Article 64, "Article 62 paragraph 1" shall read "Article 92 paragraph 2 or 4 of the Fisheries Law," "paragraph 1 of the preceding Article" shall read "Article 93 paragraph 2 of the Fisheries Law," "Article 56 paragraphs 1 to 3" shall read "Article 92 paragraph 1 of the Fisheries Law," "paragraph 2 of the preceding Article" shall read "Article 93 paragraph 1 of the Fisheries Law," "Article 62 paragraph 2" shall read "Article 92 paragraph 3 of the Fisheries Law" ; "Chapters X, XI and Article 140 paragraph 2" in Article 72 paragraph 1 shall read "Chapter X and Article 140 paragraph 2."
(Prohibition of Concurrent Office) Article 95. No commissioner of the Sea-Area Fisheries Adjustment Commission shall be a member of the assembly of To, Do, Fu or prefecture at the same time.
(Restriction on Resignation of Commissioners) Article 96. No commissioner shall resign his office without due cause.
(Losing Office of Commissioner through Forfeited Eligibility) Article 97. In case any commissioner has come to cease to be eligible to election, he shall forfeit his office. Whether he is eligible or not, except for the cases where he has forfeited his eligibility because of his coming under any of the following items, shall be determined by the Commission. In this case, it must be determined by a majority of two-thirds of the commissioners Present: (1) Any person who has been adjudged incompetent or quasi-incompetent; (2) Any person who has been sentenced to an imprisonment with or without hard labor; (3) Any person who has been sentenced to a fine because of any offence relative to election. 2 In the case of the preceding paragraph, the commissioner concerned may, regardless of the provision of Article 102, attend the meeting and explain himself in respect of his eligibility, but he cannot join in the resolution thereof. 3 The determination as prescribed in paragraph 1 shall be effected in writing and handed over to the person concerned with the reasons attached thereto. 4 In case he is not satisfied with the determination as prescribed in paragraph 1 he my bring an action in the Law Court therefor against the Commission as defendant within thirty days on and after the day of delivery under the preceding paragraph. 5 No commissioner shall ferfeit his office until the time when the determination or decision as prescribed in paragraph 1 or the preceding paragraph is confirmed.
(Term of Office of Commissioners) Article 98. The term of office of commissioners shall be two years. 2 The term of office of commissioners as mentioned in Article 85, paragraph 3 item (1) shall be computed as from the day of the general election;however, in case where any general election has been held prior to the day of expiration of the term of commissioners, it shall be computed as from the day following the date of expiration of the term of office of his predecessor. 3 Any commissioner appointed to fill a vacancy shall remain in office for the remainder of the term of office of his predecessor. 4 Commissoners shall, even after the expiration of their term of office, still remain in their office until the appointment of their successors be effected.
(Claim for Recall of Commissioners) Article 99. Persons having the right to vote may, as prescribed in a Cabinet Order, with a joint signature of one-third or more of their total number and through their representatives, claim the Electoral Administration Committee of To, Do, Fu or prefecture for recall of any commissioner. 2 The persons having the right to vote as mentioned in the preceding paragraph shall be those who were entered in the Electors'Register on the day of its determination;and one-third of their total number shall be given public notice immediately after the day of their entry by the Electoral Administration Committee of To, Do, Fu or prefecture. 3 In case the claim as mentioned in paragraph 1 has been filed, the Committee shall make public the purport thereof without delay and submit the same to the vote of the persons having the right to vote. 4 Any commissioner shall forfeit his office if, in case of the voting for recall as prescribed in the preceding paragraph, a majority of the commissioners present have consented thereto. 5 The provisions concerning the election of commissioners, except for those provided otherwise in a Cabinet Order, shall apply with the necessary modifications to the voting for recall as prescribed in paragraph 3.
(Dismissal of Commissioners) Article 100. The governor of To, Do, Fu or prefecture may, in case any special reasons exist, dismiss any commissioner as mentioned in Article 85 paragraph 3 item (2).
(Councils of Commission) Article 101. No council of a Sea-Area Fisheries Adjustment Commission shall be held unless a quorum of commissioners exceeding one-half is present. 2 All resolutions shall be adopted by a majority of votes of the commissioners present. In case of a tie, the chairman shall exercise the deciding vote. 3 Any council of a Sea-Area Fisheries Adjustment Commission shall be open to the public. 4 The chairman must draw up the minutes of the council to be opened to public inspection.
Article 102. No commissioner can participate in the proceedings of an affair in which he himself, any of his relatives or the spouses of his relatives who share with him the same house are connected;however, in case the approval of the Sea-Area Fisheries Adjustment Commission has been obtained, he may attend the council and express himself on the matter.
(Reconsideration of Resolution) Article 103. In case the governor of To, Do, Fu or prefecture deems any resolution adopted by a Sea-Area Fisheries Adjustment Commission to violate any laws or ordinances or to be remarkably inadequate, he may, upon indicating the reasons therefor, submit it to the reconsideration of the Commission;however, this shall not apply when one month has elapsed from the day on which such resolution was adopted.
(Order for Dissolution) Article 104. The competent Minister can order the dissolution of a Sea-Area Fisheries Adjustment Commission at the request of the Central Fisheries Adjustment Council which recognizes the resolution of the Sea-Area Fisheries Adjustment Commission as left neglected to be made, or such resolution as a violation of laws or ordinance or as conspicuously unjust. 2 Any action whose purport is to claim annulment of the order for dissolution issued by the competent Minister as prescribed in the preceding paragraph on the basis of its illegal disposition shall be brought within one month from the day on which the person concerned was informed thereof.
section 3 United Sea-Area Fisheries Adjustment Commission
(Establishment) Article 105. The governor of To, Do, Fu or prefecture can, when deemed necessary, set up for specific object, a United Sea-Area Fisheries Adjustment Commission within a sea area which unites two or more sea areas. 2 In case the competent Minister deems it necessary to do so, he can order the governor of To, Do, Fu or prefecture to set up a United Sea-Area Fisheries Adjustment Commission. 3 If, in case the governor of To, Do, Fu or prefecture intends to set up a United Sea-Area Fisheries Adjustment Commission as prescribed in paragraph 1, part of that sea area comes under the jurisdiction of other prefectural governors, he must consult with such governors thereabout. 4 Any Sea-Area Fisheries Adjustment Commission may, when deemed necessary, upon consulting with other Sea-Area Fisheries Adjustment Commissions, set up, for specific objects, a United Sea-Area Fisheries Adjustment Council within a sea area which unites that sea area and those sea areas in which the other Commissions are sot up. 5 In case the consultation as mentioned in the preceding paragraph has failed to be concluded, any of the Sea-Area Fisheries Adjustment Commissions can apply for a substitutional plan therefor with the governor of To, Do, Fu or prefecture who supervises the Commissions. In this case, if the governors supervising the Commissions are different, it shall be determined by the consultation among them. 6 In case the consultation as mentioned in paragraph 3 or the preceding paragraph has failed to be concluded, any of the governors of To, Do, Fu and prefectures can apply for a substitutional plan therefor with the competent Minister. 7 In case the governor of To, Do, Fu or prefecture or the competent Minister has made the plan as prescribed in the preceding two paragraphs, the consultation is deemed to have beenconcluded as determined in such plan.
(Construction) Article 106. A United Sea-Area Fisheries Adjustment Commission shall be composed of commissioners. 2 Commissioners shall consist of the same number of commissioners selected as specified by the Sea-Area Fisheries Adjustment Commissions which are set up within the sphere of that sea area, from among the commissioners thereof;however, in case the number of the Sea-Area Fisheries Adjustment Commissions surpasses the number of commissioners as prescribed in paragraph 3, one person shall be selected from among the commissioners of each Commission and the commissioners of the prescribed number shall be elected by co-option from among such persons. 3 The prescribed number of the comissioners shall be determined, in the case as prescribed in paragraph 1 of the preceding Article, except for the case as prescribed in paragraph 3 of the same Article, by the governor of To, Do, Fu or prefecture;in the case as prescribed in paragraph 3 of the same Article, upon consulting with one another, by the governors of the To, Do, Fu or prefectures concerned;in the case as prescribed in paragraph 4 of the same Article, upon consulting with one another, by the Sea-Area Fisheries Adjustment Commissions concerned. 4 The governor of To, Do, Fu or prefecture who has set up a United Sea-Area Fisheries Adjustment Commission in accordance with the provision of paragraph 1 of the preceding Article, or any governor who supervises Sea-Area Fisheries Adjustment Commissions which have set up a United Sea-Area Fisheries Adjustment Commission in accordance with the provision of paragraph 4 of the same Article may, when deemed necessary, appoint commissioners not exceeding one-half of the prescribed number from among persons distinguished for scholarship and experience in addition to the commissioners selected in accordance with the provision of paragraph 2. 5 With regard to the appointment of the commissioners as mentioned in the preceding paragraph, a consultation thereabout must, in the cases as prescribed in paragraph 3 of the preceding Article and the latter part of paragraph 5 of the same Article, be conducted with the other governors concerned. 6 In case the consultation among the Sea-Area Fisheries Adjustment Commission as mentioned in paragraph 3 has failed to be concluded, the provision of paragraph 5 of the preceding Article shall apply with necessary modifications thereto. 7 In case the consultation among the governors as mentioned in paragraph 5 of the preceding Article applied mutatis mutandis to paragraph 3, paragraph 5 or the preceding paragraph has failed to be concluded, the provision of paragraph 6 of the preceding Article shall apply mutatis mutandis. 8 The provision of paragraph 7 of the preceding Article shall apply mutatis mutandis in the cases as mentioned in the preceding three paragraphs.
(Term of Office and Dismissal of Commissioners) Article 107. Necessary matters relating to the term of office and dismissal from office of the commissioners as selected in accordance with the provision of paragraph 2 of the preceding Article shall be determined by each of the Sea-Area Fisheries Adjustment Commissions to which they belong.
(Forfeiture of Commissionership) Article 108. In case any commissioner of a United Sea-Area Fisheries Adjustment Commission selected in accordance with the provision of Article 106 paragraph 2 has ceased to be a commissioner of the Sea-Area Fisheries Adjustment Commission, he shall forfeit his office at the same time.
(Seto Inland Sea United Sea-Area Fisheries Adjustment Commission) Article 109. The Seto Inland Sea United Sea-Area Fisheries Adjustment Commission shall be set up in the Seto Inland Sea-Area. 2 "The Seto Inland" as named in the preceding paragraph means the waters bounded by the straight lines and shores as specified in the following items: (1) The straight line from Kii Hinomisaki Light House, Wakayama Prefecture across Iijima and Maejima to Gamodamisaki, Tokushima Prefecture; (2) The straight line from Sata Misaki, Ehime Prefecture to Kanzaki Light House, Oita Prefecture; (3) The straight line from Hinoyamashita Ship Passing Signal Station, Yamaguchi Prefecture to Mojisaki Light House, Fukuoka Prefecture. 3 The commissioners of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission shall consist of the following persons: (1) One person from each prefecture elected by co-option from among the commissioners of the respective prefectures of the Sea-Area Fisheries Adjustment Commissions set up within the sphere of the Seto Inland Sea-Area; (2) Four persons appointed by the competent Minister from among persons of learning and experience. 4 In case any commissioner of a Sea-Area Fisheries Adjustment Commission has assumed office of a commissioner of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission, he shall lose his office in the former. 5 The term of office of commissioners shall be two years. 6 Any commissioner elected or appointed to fill a vacancy shall hold his office for the remainder of the term of office of his predecessor. 7 The provision of Article 107 (Term of Office and Dismissal of Commissioners of United Sea-Area Fisheries Adjustment Commission) shall not apply to the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission.
(Instructions of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission) Article 110. In the Seto Inland Sea, in case the instructions of the United Sea-Area Fisheries Adjustment Commissions within the sphere thereof conflict with those of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission, the said instructions shall have no validity within the scope of such conflict.
(Modified Application of Provisions) Article 111. The provisions of Article 85 paragraph 2, paragraphs 4 to 6 inclusive (Chairman, Expert members and Clerk or Assistant of Sea-Area Fisheries Adjustment Commission), Article 96 Restriction on Resignation of Commissioners), Article 98 paragraph 4 (Case of Expiration of Term of Office) and Articles 100 to 104 inclusive (Dismissal of Commissioners, Councils, Reconsideration of Resolution and Order for Dissolution) shall apply mutatis mutandis to a United Sea-Area Fisheries Adjustment Commission. In this case, "the commissioners as mentioned in paragraph 3 item (2)" in Article 85 paragraph 2 shall read "the commissioners (in case of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission, the commissions as mentioned in Article 109 paragraph 3 item (2);" the governor of To, Do, Fu or prefecture "in the same paragraph and paragraph 5 shall read" (the competent Minister, in case of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission) in the method of appointment as mentioned in Article 106 paragraph 4 ";" the governor of To, Do, Fu or prefecture "in Article 100 shall read" the governor of To, Do, Fu or prefecture as prescribed in Article 106 paragraph 4 (the competent Minister, in case of the Seto Inland United Sea-Area Fisheries Adjustment Commission) ";" the commissioners "shall read" the commissioners, in the method of appointment (the commissioners, in case of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission) "governor of To, Do, Fu or prefecture" in Article 103 shall read "governor of To, Do, Fu or prefecture (the competent Minister in case of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission)" .
Section 4 Central Fisheries Adjustment Council
Establishment and Scope of Powers Article 112. The Central Fisheries Adjustment Council shall be set up to deliberate important matters upon the enforcement of this Law. 2 The Central Fisheries Adjustment Council shall be under the supervision of the competent Minister and carry on the matters which fall within the scope of its powers by virtue of this Law or other Laws and Ordinances.
(Construction) Article 113. The Central Fisheries Adjustment Council shall be composed of a chariman and commissioners. 2 The chairman shall be the competent Minister. 3 The commissioners shall consist of the following persons: (1) Representatives of fisheries operators and fisheries employees-ten persons; (2) Persons of learning and experience-five persons. 4 The commissioners shall be appointed by the Prime Minister upon recommendation of the competent Minister.
(Modified Application of Provisions) Article 114. The provisions of Article 85 paragraphs 4 to 6 inclusive (Specialists and Clerk or Assistant of Sea-Area Fisheries Adjustment Commission), Article 96 (Restriction on Resignation of Commissioners), Article 98 paragraphs 1, 3 and 4 (Term of Office) and Articles 100 to 103 inclusive (Dismissal, Councils and Reconsideration of Resolution) shall apply mutatis mutandis to the Central Fisheries Adjustment Council. In this case, "the governor of To, Do, Fu or prefecture" in Article 85 paragraphs 4 and 5 and Article 103 shall read "the competent Minister" ; "the governor To, Do, Fu or prefecture" in Article 100 shall read "the Prime Minister, by the recommendation of the competent Minister" .
Section 5 Miscellaneous Provisions
(Supervision of Electoral Administration Committee) Article 115. The Electoral Administration Committee of To, Do, Fu or prefecture shall, in respect to the matters falling within the scope of powers of the Electoral Administration Committee of a city, town or village by virtue of this Law, direct and supervise the Electoral Administration Committee of a city, town or village. 2 The Minister of Agriculture and Forestry and the National Electoral Administration Committee shall, in respect to the matters falling within the scope of powers of the Electoral Administration Committee of To, Do, Fu or prefecture by virtue of this Law, direct and supervise Electoral Administration Committees of To, Do, Fu and prefectures. 3 The provision of Article 151 paragraph 1 of the Local Autonomy Law (Power of Invalidation of Governor of To, Do, Fu or prefecture) shall apply mutatis mutandis in the cases as mentioned in the preceding two paragraphs.
(Request for Presentation of Roport, etc.) Article 116. When deemed necessary for carrying on the matters as prescribed in Article 83 or Article 112, Fisheries Adjustment Commissions or the Central Fisheries Adjustment Council may request the presence of the fisheries operators, fisheries employees or other persons concerned, and also request presentation of necessary reports, or cause the commissioners or those engaged in the affairs of the Commissions or Council to make ships necessary investigations upon the fishing grounds, ships, operation places or offices. 2 When deemed necessary for carrying on the matters as prescribed in Article 83 or Article 112, Fisheries Adjustment commissions or the Central Fisheries Adjustment Council may cause the commissioners or persons engaged in the affairs thereof to enter any other person's land, survey, investigate thereupon or order the removal or elimination of things obstructive to such survey or investigation. 3 In case of the preceding paragraph, the provisions of Article 39 paragraphs 5 to 11 inclusive (Compensation of Loss) shall apply mutatis mutandis. In this case, "by the governor of To, Do, Fu or prefecture, after hearing the opinion of the Sea-Area Fisheries Adjustment Commission therefor upon the approval of the competent Minister" shrill read "by the competent Minister, after hearing the opinion of the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission or the Central Fisheries Adjustment Council therefor, or by the governor of To, Do, Fu or prefecture, after hearing the opinion of the Sea-Area Fisheries Adjustment Commission therefor upon the approval of the competent Minister" .
(Supervision Over Fisheries Adjustment Commissions by Administrative Authorities) Article 117. The competent Minister may issue orders or may take measures requisite for supervision over any Fisheries Adjustment Commission and the Central Fisheries Adjustment Council, while the governor of To, Do, Fu or prefecture may do the same for the Fisheries Adjustment Commissions under his jurisdiction (excluding the Seto Inland Sea United Sea-Area Fisheries Adjustment Commission;hereinafter the same down to the Article 118).
(Expenses of Fisheries Adjustment Commissions) Article 118. With regard to the expenses required for Fisheries Adjustment Commissions the State shall bear the whole sum off such expenses.
(Provisions for Delegation) Article 119. Necessary matters, other than provided in this Chapter relating to the Fisheries Adjustment Commissions and the Central Fisheries Adjustment Council shall be provided for by a Cabinet Order.
Chapter VII Use of Land and/or Properties Appurtenant Thereto
(Use of Land and Entering Therein, etc.) Article 120. Any fisheries operator, Fishermen's Cooperative Association or Federation of Fishermen's Cooperative Associations, may, upon obtaining permission of the governor of To, Do, Fu or prefecture, use a land of any other person or restrict removal of living trees or bamboos, or soil and stones therefrom in case where it is necessary to do so for any of the following purposes: (1) Construction of markings of fishing grounds; (2) Construction of lookout for fish or signaling relevant to fishery, or equipments necessary therefor; (3) Preservation or construction of marks as may be necessary for fishery.
Article 121. Any fisheries operator may, in case of necessity, upon obtaining permission of the governor of To, Do, Fu or prefecture therefor, enter any other person's land which is not in use for any specific purpose and operate fisheries therein.
Article 122. In case it is necessary to do so for the purpose of conducting survery or filed investigation relevant to fishery or for any of the purposes as mentioned in the preceding two Articles, any person may, upon obtaining permission of the governor of To, Do, Fu or prefecture therefor, enter any other person's land and cut down the obstructive trees or bamboos or remove other obstacles therein.
Article 123. Any person who intends to do any of the acts as mentioned in the preceding three Articles must give previous notice thereof to the owner or occupant of the land and must make a reasonable compensation for any damage caused thereby. 2 In the case of the preceding paragraph, the provisions of Article 39 paragraph 6, paragraph 10 and paragraph 11 (Compensation of Loss) shall apply mutatis mutandis.
(Use of Land and Properties Appurtenant Thereto) Article 124. In case any land or properties appurtenant thereto is necessary and suitable for fisheries operator, Fishermen's Cooperative Association or Federation of Fishermen's Cooperative Associations to use for seaweed drying places, boat landing places, fishery sheds or other fisheries uses and is irreplaceable or extremely difficult to be substituted for any other land, he may request an agreement with the owner thereof and other persons having any right thereto, to create a right to use the same (hereinafter referred to as "using right" ) upon obtaining the approval therefor from the governor of To, Do, Fu or prefecture. 2 In case any application for the approval as mentioned in the preceding paragraph has been filed, the governor of To, Do, Fu or prefecture must hear the opinions of the owner of the land or properties appurtenant thereto and other persons having the right thereto as mentioned in the same paragraph, the person who intends to obtain the approval as mentioned in the same paragraph as well as the Sea-Area Fisheries Adjustment Commission. 3 In case the approval as mentioned in paragraph 1 has been granted, the governor of To, Do, Fu or prefecture must give notice thereof to the owner of the land or properties appurtenant thereto and other persons having any right thereto. 4 After the receipt of the notice as mentioned in the preceding paragraph, the owner of the land or properties appurtenant thereto and other persons having any right thereto shall not, until the agreement as mentioned in paragraph 1 is concluded, except for the cases where there exists no fear of effecting any obstacle for the fishery constituting the object of the use, transform the land concerned, or destroy or remove the properties appurtenant thereto, without obtaining permission from the governor of To, Do, Fu or prefecture. However, this shall not apply if, in case where the agreement has failed to be concluded, no application for the ruling as mentioned in Article 125 paragraph 1 is filed within the period of time as mentioned in the proviso to the same paragraph. 5 In case the application for permission 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.
(Ruling for Creation of Using Right) Article 125. In the case as mentioned in paragraph 1 of the preceding Article, if the agreement has failed to be concluded or is unavailable, the person granted the approval as mentioned in the same paragraph may file an application for ruling of the creation of the using right with the Sea-Area Fisheries Adjustment Commission. However, this shall not apply to cases where two months have elapsed after the day on which the approval as mentioned in the same paragraph was obtained. 2 In case an application for the ruling as prescribed in the preceding paragraph has been filed, the Sea-Area Fisheries Adjustment Commission must give notice thereof to the owner of the land or properties appurtenant thereto and other persons having any right thereto, and at the same time make public notice thereof. 3 The owner of the land or the properties appurtenant thereto and other persons having any right thereto relating to the application for ruling in accordance with the provision of paragraph 1 may submit his opinion in writing thereon to the Sea-Area Fisheries Adjustment Commission within two weeks from the day of the public notice as mentioned in the preceding paragraph effected. 4 In case the owner of the land or properties appurtenant thereto relating to the application for ruling intends to request, in his opinion in writing as mentioned in the preceding paragraph, the Sea-Area Fisheries Adjustment Commission to make a ruling to the effect that the term of use of that land or properties appurtenant thereto will extend over three years or a ruling to the effect that a creation of using right as to effect any transformation thereto will be put forth, he may file, in his opinion in writing as mentioned in the preceding paragraph, an application with the Commission for a ruling, in lieu of any other ruling, to the effect that such land or properties appurtenant thereto will be purchased by the using right owner. 5 In case the owner of the properties appurtenant to a land applied for ruling intends to request, in this opinion in writing as mentioned in paragraph 3, the Sea-Area Fisheries Adjustment Commission to make a ruling to the effect that the using right thereof will be created, he may file an application for ruling in respect to the compensation for removal of such structures. However, this shall not apply in case where such structures have been constructed after the notice as mentioned in paragraph 3 of the preceding Article was made. 6 The Sea-Area Fisheries Adjustment Commission must begin deliberation thereupon after the period of time as mentioned in paragraph 3 has expired. 7 No ruling shall exceed the extent of such application. 8 If, in case the Sea-Area Fisheries Adjustment Commission makes a ruling to the effect that the term of use of the land or properties appurtenant thereto will extend over three years or any transformation will be put forth thereto the application as mentioned in paragraph 4 is filed, the Commission must make a ruling, in lieu of any other ruling, to the effect that such land and properties appurtenant thereto will be purchased by the using right owner. 9 If, in case the Sea-Area Fisheries Adjustment Commission makes a ruling to the effect that a using right will be created upon the land or properties appurtenant thereto, the application as mentioned in paragraph 5 is filed, the commission must make a ruling in respect to the compensation for removal of those structures. 10 In any ruling which includes creation of any using right or purchase of any land or properties appurtenant thereto, the following matters must be specified: (1) The land or properties appurtenant thereto on which a using right shall be created, and the contents and term of existence of the using right, or the land or properties appurtenant thereto to be purchased; 2) The equivalent, manner of payment and time; (3) The time of delivery of the land or properties appurtenant thereto; (4) The time of commencing its use; (5) The compensation for removal and the manner and time of its payment, in case of the application as mentioned in paragraph 5 filed. 11 In case any ruling has been made, the Sea-Area Fisheries Adjustment Commission must give notice thereof without delay to the owner of the land or properties appurtenant thereto and other persons having any right thereto, and at the same time give public notice thereof. 12 At the time when the public notice as mentioned in the preceding paragraph has been effected, the agreement among the person concerned shall be deemed to have been concluded as determined in that ruling. 13 The provisions of Article 612 (Prohibition of Transfer of Lease Right) of the Civil Code shall not apply in the case of the preceding paragraph. 14 In case any person is not satisfied with the amount of the equivalent to the creation of using right or purchase or the compensation for the removal specified in the ruling in paragraph 1 or paragraph 4 or paragraph 5, he can claim increase of that amount by a legal action within ninety days on and after the day of public notice in paragraph 11. 15 In case of the legal action as mentioned in the preceding paragraph, the applicant or the owner of the land or properties appurtenant thereto concerned or the person having the right thereto shall be the defendant.
(Ruling for Lease Contract of Land or Properties Appurtenant Thereto) Article 126. In case any fisheries operator Fishermen's Cooperative Association or Federation of Fishermen's Cooperative Associations actually having a lease contract of the land or properties appurtenant thereto as prescribed in Article 124 paragraph 1 for fishery use considers that the contents thereof have come to cease to be just and adequate because of the economical fluctuation or other changed conditions, the person concerned may file an application for ruling as regards any alteration of the contents or cancellation of the lease contract with the Sea-Area Fisheries Adjustment Commission. 2 The provisions of paragraphs 2, 3, 6 and 7 of the preceding Article shall apply mutatis mutandis in cases where the application as mentioned in the preceding paragraph is filed. 3 The following matters must be specified in the ruling as mentioned in paragraph 1: (1) In case of application for ruling of any alteration in the contract, whether such alteration shall be made or not;and in case of any alteration to be effected, the contents and time of such alteration; (2) In case of application for ruling of any cancellation of the contract, whether such cancellation shall be made;and in case of any cancellation to be effected, the time of such cancellation. 4 In case the ruling as mentioned in the preceding paragraph has been made, the provisions of paragraphs 11, 12, 14 and 15 of the preceding Article shall apply mutatis mutandis thereto.
Chapter VIII Fisheries in Inland Waters
(Grant of Type 5 Common Fishery in Inland Waters) Article 127. No grant of Type 5 common fishery in inland waters (excluding the lakes designated by the competent Minister in accordance with the provision of Article 84 paragraph 1;hereinafter the same) shall be effected except for the case where the Inland waters are adequate for propagation of the aquatic animals and plants and moreover, the person to be granted the right of fisheries concerned is deemed to make efforts to propagate the aquatic animals and plants in the inland waters concerned.
Article 128. The governor of the To, Do, Fu or prefecture may, in case he deems that anyone who has been granted the right of Type 5 common fishery neglects the efforts to propagate the aquatic animals and plants in the inland waters concerned, determine a propagation program upon hearing the opinion of the Inland Waters Fishing Ground Administration Commission, and order the same person to carry out the propagation thereof according to that program. 2 In case the person received the order in accordance with the provisions of the preceding paragraph does not comply with the order, the governor of To, Do, Fu or prefecture must annul the fishery right concerned. 3 In the case of the preceding paragraph, the provisions of Article 39 paragraphs 3 and 4 (Alteration, Annulment or Suspension of Exercise of Fishery Right for Necessity of Public Interests) shall apply mutatis mutandis. 4 The competent Minister may, in case he deems it especially necessary for the protection and propagation of the aquatic animals and plants in the inland waters, order the governor of To, Do, Fu or prefecture that the same governor shall issue the order in accordance with the provision of paragraph 1 or order the alteration of the propagation program with regard to the order concerned.
(Right Fee and Licence Fee) Article 129. Any one who has been granted a fishery right or licence for the fisheries in inland waters must pay a right fee or licence fee to the Government every year. 2 With regard to the right fee or licence fee under the preceding paragraph, the provisions of Article 75 paragraph 2 (Amount of Right Fee and Licence Fee) and Articles 76 to 81 inclusive (Assessment of Right Fee and Licence Fee) shall apply mutatis mutandis. In this case, "coastal fisheries" in Article 75 paragraph 2 shall read "inland waters fisheries" .
(Inland Waters Fishing Ground Administration Commission) Article 130. There shall be an Inland Waters Fishing Ground Administration Commission set up in To, Do, Fu or prefectures. 2 The Inland Waters Fishing Ground Administration Commission shall be under the supervision of the competent Minister and the governor of To, Do, Fu or prefecture. 3 The Inland Waters Fishing Ground Administration Commission shall carry on the matters relating to gathering, taking or propagating aquatic animals and plants in the inland waters located within the area of To, Do, Fu or prefectures concerned. 4 The powers of a Sea-Area Fisheries Adjustment Commission as prescribed in this Law, in respect to the fisheries in inland waters, shall be exercised by the Inland Water Fishing Ground Administration Commission.
(Construction) Article 131. The Inland Waters Fishing Ground Administration Commission shall be composed of commissioners. 2 The commissioners shall consist of persons appointed by the governor of To, Do, Fu or prefecture from among persons as deemed to represent those fisheries operators, persons as deemed to represent those who gather or take marine animals and plants in the inland waters located within the area of To, Do, Fu or prefecture concerned, and persons of learning and experience. 2 The number of commissioners appointed in accordance with the provision of the preceding paragraph shall be ten persons. However, when deemed necessary, another prescribed number may be determined by the competent Minister in special Inland Waters Fishing Ground Administration Commissions.
(Modified Application of Provisions) Article 132. The provisions of Article 85 paragraph 2, paragraphs 4 to 6 inclusive (Chairman, Specialists and Clerk or Assistant of Sea-Area Fisheries Adjustment Commission), Article 96 (Restriction on Resignation of Commissioners), Article 98 paragraphs 1, 3 and 4 (Term of office), Articles 100 to 103 inclusive (Dismissal, Councils and Reconsideration of Resolution), Articles 116 to 119 inclusive (Presentation of Reports, etc., Supervision, Expenses and Provision for Delegation) shall apply mutatis mutandis to the Inland Waters Fishing Ground Administration Commission.
Chapter IX Miscellaneous Provisions
(Nominal Petty Fishery Fee) Article 133. In case any person files an application in respect to the matters of fishery in accordance with this Law or the Ordinances issued under this Law, he must pay the nominal petty fee as prescribed in an Ordinance therefor. 2 The amount of the nominal petty fee under the preceding paragraph shall be fixed by ordinance within the limit not exceeding one thousand yen.
(Request for Presentation of Reports, etc.) Article 134. The competent Minister or the governor of To, Do Fu or prefecture may, when deemed necessary to do so or the purpose of granting fishery rights or licences, adjusting fisheries or carrying on the matters as prescribed in this Law or Ordinance issued under this Law, request presentation of necessary reports on fishery or cause the officials concerned to visit the fishing grounds, ships, operation places or offices and inspect the conditions thereof, books, documents or other objects relevant thereto. 2 The competent Minister or the governor of To, Do, Fu or prefecture may, when deemed necessary to do so for the purpose of granting fishery rights or licences, adjusting fisheries or carrying on the matters as prescribed in this Law or Ordinances issued under this Law, cause the officials concerned to enter any other person's land to survey or investigate it or demand the removal or elimination of things obstructive to such survey or investigation. 3 In case when any official concerned performs his duties as prescribed in the preceding two paragraphs, he must carry with him a card indentifying his duty status and show it at any time when requested. 4 In case of paragraph 2, the provision of Article 116 paragraph 3 (Compensation of Loss) shall apply mutatis mutandis.
(Petition) Article 135. In case any person is not satisfied with the results of his application for grant, licence or authorization filed as prescribed in this Law or Ordinances issued under this Law or for any other measures executed by the administrative authorities, he may institute a petition therefor.
(Special Cases of Jurisdiction) Article 136. In case a fishing ground is under the jurisdiction of two or more governors or the jurisdiction thereover is not clear, the competent Minister may designate a governor who exclusively administers such fishing ground, or he himself may administer it in lieu of the governors of To, Do, Eu or prefectures.
Article 137. The provisions concerning To, Do, Fu or prefectures and the governor of To, Do, Fu or prefecture in this Law shall apply, in the case of a Special City, to the Special City or to the mayor of that city. The provisions concerning a city, town or village shall apply, in the case where a Special Ward exists, to that Special Ward;in the case of the city as mentioned in Article 155 paragraph 2 of the Local Autonomy Law, to a Ward;in the case of a Special City, to the Administrative Ward therein;and in the case where a Whole-Affairs Association or Office-Affairs Association exists, to that Association.
Chapter X Penal Provisions
Article 138. Any person who comes under any of the following items shall be subjected to an imprisonment with hard labor for period not exceeding three years or a fine not exceeding two hundred thousand yen: (1) Any person who has acted in violation of the provision of Article 9; (2) Any person who has operated fisheries in violation of the restrictions or conditions set upon fishery rights, the licences of fisheries as prescribed in Article 36 or the licence of the designated high sea fisheries; (3) Any person who has, in the period of suspension of exercise of any fixed-net fishery right or demarcated fishery right, operated such fisheries suspended;or any person who has, in the period of suspension of exercise of any common fishery right, operated in the fishing ground such fisheries suspended;or any person who has, in the period of suspension of exercise of any common fishery right, operated in that fishing ground such fisheries suspended;or any person who has, in the period of suspension of exercise of any designated high sea fisheries or such fisheries as licensed in accordance with the provision of Article 36, operated such fisheries suspended; (4) Any person who has acted in violation of the provision of Article 52 paragraph 1; (5) Any person who has been granted licence for the designated high sea fisheries and acted in violation of the provision of Article 61; (6) Any person who has acted in violation of any provision of Article 68, Article 69 or Article 70.
Article 139. Any person who comes under any of the following items shall be subjected to an imprisonment with hard labor for a period not exceeding one year, a fine not exceeding fifty thousand yen, detention or minor fine: (1) Any person who has acted in violation of the provision of Article 66 paragraph 1; (2) Any person who has acted in violation of the Ordinance issued under the provision of Article 67 paragraph 7; (3) Any person who has acted in violation of the restrictions or prohibitions as prescribed in Article 71 paragraph 1 or the Ordinance issued under the provision of paragraph 2 of the same Article.
Article 140. In the cases as mentioned in Article 138 or the preceding Article, any fish catch, products therefrom, fishing vessels and fishing gears as owned or possessed by the offender may be canfiscated. However, in cases where the confiscation of the whole or part of the above mentioned Articles owned by the offender is impracticable, a penalty equal to the value thereof may be imposed upon him.
Article 141. Any person who comes under any of the following items shall be subjected to an imprisonment with hard labor for a period not exceeding six months or a fine not exceeding thirty thousand yen: (1) Any person who has, in violation of the provision of Article 24 paragraph 2, made any fixed-net fishery right the object of mortgage; (2) Any person who has, in violation of the provis on of Article 26 paragraph 1 (including cases where this applies mutatis mutandis to Article 27 paragraph 2, made any demarcated fishery right (in cases where this applies mutatis mutandis to Article 27 paragraph 2, any fixed-net fishery right) the object of transfer; (3) Any person who has, in violation of the provision of Article 27 paragraph 1, made any fishery right other than demarcated fishery right the object of transfer; (4) Any person who has, in violation of the provision of Article 30, made any fishery right the object of lease; (5) Any person who has refused, obstructed or evaded the investigation of any fisheries supervisor or fisheries supervising official as prescribed in Article 74 paragraph 3 or has failed to answer his question or made a false statement thereto; (6) Any person who has acted in violation of the provision of Article 124 paragraph 4; (7) Any person who has neglected to make the report or made a false statement thereto, or has refused, obstructed or evaded the investigation of the officials concerned as prescribed in Article 134 paragraph 1; (8) Any person who has refused, obstructed or evaded the survey, investigation, removal or elimination by the officials concerned as prescribed in Article 134 paragraph 2.
Article 142. Both imprisonment with hard labor and fine may, according to circumstances, be imposed upon any person who has committed the violations as mentioned in Article 138, Article 139, or items (1) to (4) inclusive of the preceding Article.
Article 143. Any person who has encroached upon any fishery right, or any fisheries operating right of members of a Fishermen's Cooperative Association shall be subjected to a fine not exceeding twenty thousand yen. 2 The prosecution for the offence mentioned in the preceding paragraph shall take place only when complaint is made.
Article 144. Any person who comes under any of the following items shall be subjected to a fine not exceeding ten thousand yen: (1) Any person who has acted in violation of the provision of Article 35 (including cases where this applies mutatis mutandis to Article 36 paragraph 4 and Article 63); (2) Any person who has acted in violation of the Ordinance issued under the provision of Article 72; (3) Any person who has removed, stained or broken any markings of fishing grounds or fishing gears.
Article 145. In case any representative of a juridical person, or any agent, employee or other worker of a juridical person or individual has, relevant to the business affairs or properties of that juridical person or individual, acted the violations as mentioned in Article 138, Article 139, Article 141, Article 143 paragraph 1, or item (1) or (2) of the preceding Article, not only shall such offender be punished, but that juridical person or individual shall also be fined in accordance with the provisions of any of these Articles.
Supplementary Provisions: 1. The day of enforcement of this Law shall be determined by Cabinet Order within the period not exceeding three months from the day of its promulgation. 2. The Fisheries Law (Law No.58 of 1910) shall be abolished. 3. For two years after the day of enforcement of this Law, not right of fisheries shall be granted. However, in case the time has been designated in accordance with Article 1 paragraph 2 of the Enforcement Law for the Fisheries Law, this shall not apply to the districts and types of fishery rights concerned. 4. The provisions of Article 21 paragraphs 2 to 4 inclusive (Prolongation of Term of Existence of Demarcated Fishery Right) shall not apply for the time being. 5. No fixed-net fishery right or demarcated fishery right as granted in accordance with this Law shall be the object of removal or mortgage for the time being. However, this shall not apply in cases of the transfer as mentioned in Article 28 paragraph 2. 6. Anyone who has, in violation of the provision of the preceding paragraph, made any fixed-net fishery right or demarcated fishery right the object of transfer or mortgage, shall be subjected to an imprisonment with hard labor for a period not exceeding six months or a fine not exceeding thirty thousand yen. 7. Both imprisonment with hard labor and fine may, according to circumstances, be imposed upon any person who has committed the violation as mentioned in the preceding paragraph. 8. In case any representative of a juridical person, any agent, employese or other worker of a juridical person or individual has, relevant to the business affairs or properties of that juridical person or individual, acted the violation as mentioned in paragraph 5, not only shall such offender be punished, but that juridical person or individual shall also be fined in accordance with the provision of paragraph 6. 9. Until the time which will be determined in a Cabinet Order within two years after the day of enforcement of this Law, the provisions of Article 75 and Article 129 (Right Fee and Licence Fee) shall not apply to any licence fee. 10. The date of the first election of commissioners of the Sea-Area Fisheries Adjustment Commission that will be held after the enforcement of this Law shall be determined by Cabinet Order. 11. In case the date or the period of time as prescribed in Article 89 relative to the electors'register necessary for the election as prescribed in the preceding paragraph is not applicable, the date or the period of time which will be determined by Cabinet Order shall apply regardless of the provision of the same Article. 12. The term of office of the commissioners of the Sea-Area Fisheries Adjustment Commission, Seto Inland Sea United Sea-Area Fisheries Adjustment Commission, Central Fisheries Adjustment Council and Inland Waters Fishing Ground Administration Commission elected or appointed at the first election held after the enforcement of this Law may be the period of time which will be determined by Cabinet Order regardless of the provisions of Article 98 paragraph 1 (including the cases where this applies mutatis mutandis in Article 114 and Article 132) or Article 109 paragraph 5. 13. Until the time when a Sea-Area Fisheries Adjustment Commission has been set up after the enforcement of this Law, the governor of To, Do, Fu or prefecture shall not need to hear the opinion of the Sea-Area Fisheries Adjustment Commission regardless of the provisions of Article 86 paragraph 2 (Enlargement of or Restriction on Extent of Right to Vote and Eligibility), or Article 124 paragraph 2 or 5 (Approval or Permission for Use of Land and Properties Appurtenant Thereto). 14. Until the time when a Sea-Area Fisheries Adjustment Commission has been set up after the enforcement of this Law, the powers of any Sea-Area Fisheries Adjustment Commission as prescribed in Article 125 (Ruling for Creation of Using Right) and Article 126 (Ruling for Lease Contract of Land and Properties Appurtenant Thereto) shall be exercised by the governor of To, Do, Fu or prefecture. Minister of Finance IKEDA Hayato Minister of Agriculture and Forestry MORI Kotaro Prime Minister YOSHIDA Shigeru