(Continued Existence of Fishery Right)
Article 1. With regard to any fishery right as actually existing (hereinafter referred to simply as "fishery right" ) and any common-of-piscary right as actually existing or to be newly created thereupon, at the time of enforcement of the Fisheries Law (Law No.267 of 1949;hereinafter referred to as New Law), the provisions of the Fisheries Law (Law No.58 of 1910;hereinafter referred to as "the Old Law" ) shall, regardless of the enforcement of the New Law, continue to be effective for two years after the day of its enforcement. However, the provision of Article 67 of the New Law and the penal provision relating to the same Article may be enforced.
2 In case the time of existence of fishery rights has been determined by specifying the areas and kinds thereof by a Cabinet Order, the provision of the preceding paragraph shall not apply to those fishery rights thereafter.
3 Any fishery right shall not be deemed to expire during the period of its existence although its term of existence expires after the enforcement of the New Law.
(No Permission for Alteration of Fishery Right)
Article 2. No alteration of any fishery right shall be permitted.
(Restriction on Transfer, etc. of Fishery Right)
Article 3. No fishery right shall be the object of transfer by contract or mortgage (excluding mortgage now existing) except for the case where approval of the governor of To, Do, Fu or prefecture (in respect to any exclusive fishery right on local waters, approval of the competent Minister) is obtained therefor.
2 In case the approval 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.
(Restriction on Cancellation, etc. of Lease Contract of Fishery Right)
Article 4. With regard to any lease contract relative to the fishery rights as existing at the time of enforcement of the New Law, no cancellation or termination thereof (including any termination by mutual agreement) shall be effected or no renewal thereof shall be refused, except for the cases where any rental default or other non-bonafide acts have been made by the lease, or where they were leased in a mere transient contract or the contents thereof have ceased to be adequate because of changed circumstances, or where other justifiable reasons exist.
2 In case any person intends to make any cancellation or termination (including any termination by mutual agreement) of fishery rights or any refusal for renewal of lease contracts as mentioned in the preceding paragraph, he must obtain approval of the governer of To, Do, Fu or prefecture therefor.
3 In case the governor of To, Do, Fu or prefecture intends to grant the approval as mentioned in the preceding paragraph, he must hear the opinion of the Sea-Area Fisheries Adjustment Commission therefor.
4 The provisions of the preceding three paragraphs shall apply mutatis mutandis in the cases where any common-of-piscary right as actually existing at the time of enforcement of the New Law is lapsed or any renewal thereof is refused.
(Acquisition of Fishery Rights by Fisheries Cooperatives, etc.)
Article 5. Any Fishermen's Cooperative Association or Federation of Fishemen's Cooperative Associations may acquire or lease any fishery right or acquire any common-of-piscary right as actually existing thereupon, or may newly create any common-of-piscary right.
(Validity of Licences and Other Measures Executed under Old Law)
Article 6. Any licence of fisheries or other measures excepting any grant of fishery right as executed by the administrative authorities in accordance with the provisions of the Old Law and still remaining valid at the time of enforcement of the New Law shall, provided that such measures can be executed by virtue of the provisions of the New Law by those administrative authorities, be deemed to have been done so thereby.
2 With regard to the term of validity of the measures as deemed to have been executed in accordance with the provisions of the New Law as prescribed in the preceding paragraph, the term may be shortened by an Ordinance within the limits necessary for fisheries adjustment.
(Licences or Authorizations for Designated High Sea Fisheries under Old Law)
Article 7. With regard to any person as being actually granted, at the time of enforcement of of the New Law, in accordance with the Ordinace issued under the provisions of Article 34 paragraph 2 (Regulations of Competent Minister) or of Article 35 paragraph 1 (Licence for Otter Trawler Fisheries, etc.) of the Old Law, any Licence or authorization for commencing operation of the designated high sea fisheries as prescribed in Article 52, paragraph 1 of the New Law, the competent Minister must, within the period of time as designated, upon hearing the opinion of the Central Fisheries Adjustment Council therefor, examine whether or not the person concerned comes under one of the items of Article 56 (Cases of No Licence or Authorization Granted) of the New Law and must annul the licence or authorization granted to him if he comes under the same.
(Petition Applied for under Old Law)
Article 8. With regard to any petition as applied for prior to the time of enforcement of the New Law, the former procedures shall still prevail thereupon.
(Delivery of Monetary Compensation to Fishery Right Owners, etc.)
Article 9. The Government shall, in accordance with the provisions of this Law, deliver monetary compensation to any person who owns, at the time of the lapse of fishery rights as prescribed in Article 1, fishery rights and common-of-piscary rights, lease rights or non-rental lease rights created upon such fishery rights (herein after referred to as "fishery rights and other rights" ).
(Fishery Rights and Other Rights Compensation Program and Computation of Compensatory Amount)
Article 10. The delivery of any compensation must be executed according to the Fishery Rights and Other Rights Compensation Program which is determined by the Fishery Rights Compensation Committee by each of the fishery right to be compensated for.
2 In the Fishery Rights and Other Rights Compensation Program compensatory amounts must be determined.
3 The compensatory amounts as mentioned in the preceding paragraph shall be determined within the limit of the amount as specified in any of the following items:
(1) In case of any fishery right as leased for the whole fishing season from July 1, 1947 to June 30, 1948 (hereinafter referred to as "the Standard Year" ), the amount of money 11 times in cases other than exclusive fishery right, and 16 times in case of exclusive fishery right, as much as the sum of the rental fees (in case of any lease for using without rental fee, the estimated sum which is determined by the Fishery Rights Compensation Committee in consideration of such rental fees of the fishery rights in its vicinity with close similarities) of the standard year;
(2) In case of any fishery right other than exclusive fishery right as not leased for the whole fishing season in the standard year, the amount of money 13 times as much as the sum of the estimated rental fee in the standard year as determined by the Fishery Rights Compensation Committee in consideration of the rental fees of the fishery rights in its vicinity with close similarities;
(3) In case of any exclusive fishery right as not leased for the whole fishing season in the standard year or any common-of-piscary right, the sum of the fisheries catch value gained by dint of such rights in the standard year;
(4) In case of any fishery right as leased for a certain fishing season and not leased for another fishing season in the standard year, the amount of money 13/11 times as much as the average sum of that as menitioned in item (1) in each season and 11/13 of the sum as mentioned in item (2) or the preceding item;
(5) In case of any lease right or non-rental lease right, the amount of money 20 per cent of the compensatory amount of such fishery right as its object;
(6) In case the compensatory amount as mentioned in each of any preceding items is, for special reasons, not adoptable or deemed to be conspicuously inappropriate, the amount of money as computed according to the standard determined by the competent Minister.
4 The rental fee and fisheries catch value as mentioned in the preceding paragraph shall be determined on the base of the report made in accordance with the Fishery Rights Investigation Regulations (Ministry of Agriculture and Forestry Ordinance No.52 of 1948). However, with regard to the rental fee, in case it is conspicuously low because it was leased by a Fisheries Association to its members, or the adoption of that rental fee has come to be markedly inappropriate because of changed circumstances or in case there exist any other special causes, the Fishery Rights Compensation Committee may not adopt such rental fee, but may adopt the estimated rental fee as determined by the Committee in consideration of the rental fee of the fishery rights in its vicinity with close similarities;and with regard to the fisheries catch value, in case it is conspicuously little because of the poor catch or natural calamity or the like in the standard year or in case there exist any other special causes, the Fishery Rights Compensation Committee may not adopt the whole sum of such fisheries catch value, but may adopt the estimated fisheries catch value as determined by the Committee in consideration of the fisheries catch value of the fishery rights in its vicinities with close similarities.
5 In case the Fishery Rights Compensation Committee has determined the Fishery Rights Compensation Program, it must, without delay, give public notice thereof and submit to pesusal the writings describing the following matters for twenty days after the clay of the notice thereof at the office of a city, town or village to which the coast most adjacent to the fishing ground of such fishery rights to be compensated for belongs, and at the same time of must, within ten days from the public notice, inform the persons as prescribed in the preceding Article whose whereabouts are known of such Fishery Rights Compensation Program:
(1) Name or title and address of the owner of fishery rights or other rights to be compensated for;
(2) Fishery rights or other rights to be compensated for;
(3) Compensatory amount thereof.
(Application for Objection and Petition)
Article 11. In case any person as prescribed in Article 9 or his successor has any objection to the Fishery Rights and Other Rights Compensation Program as prescribed in the preceding Article, he may file an application for objection with the Fishery Rights Compensation Committee therefor. However, this shall not apply in case when ten days have elapsed after the expiration of the period of time for perusal of the program as mentioned in paragraph 5 of the same Article.
2 In case the application for objection as mentioned in the preceding paragraph has been filed, the Fishery Rights Compensation Committee must give a decision therefor within two months after the expiration of the period of time for applying for objection as mentioned in the same paragraph.
3 In case the person applying for objection is not satisfied with the decision as mentioned in the preceding paragraph, he may file an application for petition with the governor of To, Do, Fu or prefecture. However, this shall not apply in cases when twenty days have elapsed after the expiration of the period of time as mentioned in the same paragraph.
4 In case the governor of To, Do, Fu or prefecture has received the petition as mentioned in the preceding paragraph, he must make a ruling therefor within two months after the expiration of the period of time as mentioned in the proviso to the same paragraph.
(Recognition of Compensation Program by Governor, etc.)
Article 12. In case no application for objection as prescribed in paragraph 1 of the preceding Article has been filed within the period of time as mentioned in the same paragraph, in case where the objection as prescribed in the same paragraph was applied for, the decision as prescribed in paragraph 2 of the same Article was given for any of the items thereof and no petition has been applied for within the period of time as mentioned in the proviso to paragraph 3 of the same Article, or in case where the petition as prescribed in the same paragraph was applied for, the ruling as prescribed in paragraph 4 of the same Article has been given for any of items thereof, the Fishery Rights Compensation committee shall without delay file an application for approval relative to the Fishery Rights and Other Rights Compensation Program with the governor of To, Do, Fu or prefecture.
2 If, in case the governor of To, Do, Fu or prefecture intends to give the approval as mentioned in the preceding paragraph, the competent Minister deems such Fishery Rights and Other Right Compensation Program to be unbalanced with that of other To, Do, Fu or prefecture or otherwise unreasonable, be may order the governor of To, Do, Fu or prefecture not to give the approval therefor.
3 In case the governor of To, Do, Fu or prefecture does not grant the approval as prescribed in paragraph 1, the Fishery Rights Compensation Committee must draw up a revised program.
4 In case the Fishery Rights Compensation Committee has failed to draw up a revised program of the Fishery Rights and Other Rights Compensation as prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture may draw up a new program thereof in place of the Committee.
5 In the case as mentioned in the preceding paragraph, the provisions of Article 10 paragraph 5 (Public Notice of Fishery Rights Compensation Program, etc.) and the preceding Article shall apply mutatis mutandis thereto. In this case, "the governor of To, Do, Fu or prefecture" in paragraphs 3 and 4 of the preceding Article shall read "the competent Minister" .
6 In case the approval as prescribed in paragraph 1 has been granted, the Fishery Rights Compensation Committee must without delay give public notice thereof and at the same time must inform thereof the persons as prescribed in Article 9 whose whereabouts are known.
7 If, in case the governor of To, Do, Fu or prefecture has drawn up the Fishery Rights and Other Rights Compensation Program in accordance with the provision of paragraph 4, no application for objection as prescribed in paragraph 1 of the preceding Article has been filed therefor within the period of time as prescribed in the same paragraph, if, in case the objection as prescribed in the same paragraph was filed, the decision as mentioned in paragraph 2 of the same Article has been made therefor and no application for petition has been filed within the period of time as mentioned in the proviso to paragraph 3 of the same Article;or if, in case the application for petition as prescribed in the same paragraph was filed, the ruling as prescribed in paragraph 4 of the same Article has been given therefor, the provision of the preceding paragraph shall apply mutatis mutandis thereto.
(Validity for Successor)
Article 13. The proceedings or other acts taken in accordance with the provisions of the preceding three Articles shall also be effective upon the successor of the person as prescribed in Article 9.
(Deposit of Compensation)
Article 14. In case there exists any preferential right or mortgage on the fishery rights and other rights (including the Fisheries Foundation to which they belong) to be compensated for in accordance with the provision of Article 9, the Government must, except for the case where the deposit therefor is not requested by that right owner, deposit the compensatory amount thereof.
2 Any owner of the preferential right or mortgage on the fishery rights and other rights (including the Fisheries Foundation to which they belong) as mentioned in the preceding paragraph may exercise that right on the compensatory amount deposited in accordance with the provision of the preceding paragraph.
(Legal Action for Increased Amount of Compensation)
Article 15. In case any person is not satisfied with the compensatory amount relative to the fishery rights and other rights compensated for as prescribed in Article 9, he may request an increased amount by legal action. However, this shall not apply in cases where one month has elapsed after the information as mentioned in Article 12 paragraph 6 effected (including the case where the same paragraph is applicable mutatis mutandis under paragraph 7 of the same Article).
2 In the case of the action as mentioned in the preceding paragraph, the State shall be the defendant therefor.
(Fishery Rights Securities)
Article 15. The monetary compensation as prescribed in Article 9 can be delivered in securities in the term of redemption within thirty years.
2 For the purpose of delivering the monetary compensation in accordance with the provision of the preceding paragraph, the Government may issue securities within the limit of its necessary amount.
3 The delivering value of the securities to be delivered in accordance with the provisions of the preceding two paragraphs shall be determined by the Minister of Finance considering the current price thereof.
4 Necessary matters relating to the securities as mentioned in paragraph 2 shall be determined by an Ordinance.
(Fishery Rights Compensation Committee)
Article 17. There shall be a Fishery Rights Compensation Committee set up in To, Do, Fu or prefectures.
2 The Fishery Rights Compensation Committee shall be under the supervision of the competent Minister and the governor of To, Do, Fu or prefecture and carry on the matters relating to the compensation for fishery rights and other rights which exist within the area of the To, Do, Fu or prefectures in which the Committee is set up.
3 The Fishery Rights Compensation Committee shall be composed of commissioners.
4 The commissioners shall consist of seven persons appointed by the governor of To, Do, Fu or prefecture from among fisheries operators and fisheries employees and of three persons appointed by the governor of To, Do, Fu or prefecture from among persons of learning and experience.
5 In case the competent Minister deems it necessary to do so, he can determine another prescribed number than the number of commissioners as mentioned in the preceding paragraph for a specific Fishery Rights Compensation Committee.
6 The term of office of the commissioners shall be until the time when the business relating to the compensation for the fishery rights and other rights as prescribed in Article 9 shall be completed.
7 The provisions of Article 85 paragraph 2, paragraphs 4 to 6 inclusive (Chairman, Export Members and Clerk or Assistant of Sea-Area Fisheries Adjustment Commission), Article 95 (Prohibition of Concurrent Office), Article 96 (Restriction on Resignation of Commissioners), Article 98 paragraph 3 (Term of Office of Commissioners Elected to Fill Vacancy), Articles 100 to 103 inclusive (Dismissal, Council and Reconsideration of Resolution), Articles 116 to 119 inclusive (Presentation of Reports, etc., Supervision, Expenses and Provision of Delegation) of the New Law shall apply mutatis mutandis to the Fishery Rights Compensation Committee. In this case, "This Chapter" in Article 119 shall read "Article 17 of the Enforcement Law for the Fisheries Law" .
(Change of Jurisdiction of Nikko Fish Breeding Station)
Article 18. In case the Minister of Agriculture and Forestry receives the change of jurisdiction of the national property which has been used for the Nikko Fish Breeding Station, the same change of jurisdiction shall be effected without compensation regardless of the provision of Article 15 (Change of Jurisdiction, etc. between Accounts belonging to Different Jurisdiction of the National Property Law (Law No.73 of 1948).
(Partial Amendment of Establishment Law of Fisheries Agency)
Article 19. The Establishment Law of the Fisheries Agency (Law No.78 of 1948) shall be partially amended as follows:
Article 7-(6) shall be amended as follows:
(Other Attached Agencies)
Article 7-(6). The agencies stated in the left column of the following table shall be established as attached agencies of the Fisheries Agency and the objectives of their establishment shall be as stated in the right column respectively:
Name |
Purpose |
Marine Products Standerdization Committee |
To carry on deliberation on the standerdization of marine products and other competence as specified in the Law concerning the Inspection of Designated Agricultural and Forestal Goods (Law No.210 of 1948). |
Fishing Boat Insurance Judging Committee |
To carry on deliberation on the matters relative to the reinsurance conducted by the Government in accordance with the Fishing Boat Insurance Law (Law No.23 of 1937). |
Central Fisheries Adjustment Council |
To carry on deliveration on important matters relative to enforcement of the Fisheries Law (Law No.267 of 1949). |
Seto Inland Sea United Sea Area Fisheries Adjustment Commission |
To carry on fisheries adjustment in the Seto Inland Sea. |
2 Necessary matters relative to these attached agencies shall be determined, in respect to the Marine Products Standardization Council, in the Law concerning the Inspection of Designated Agricultural and Forestal Goods, in respect to the Fishing Boat Insurance Judging Commission, in the Fishing Boat Insurance Law and in respect to the Central Fisheries Adjustment Council and the Seto Inland Sea United Sea Area Fisheries Adjustment Commission, in the Fisheries Law.
Next to Article 7-(6), the following one Article shall be added:
(The Seto Inland Sea Fisheries Adjustment Executive Office)
Article 7-(7). The Seto Inland Sea Fisheries Adjustment Executive Office shall be established to carry on a part of the business relating to the enforcement of the Fisheries Law such as the propagation and protection of aquatic animals and plants, licences of fisheries, fisheries supervision, other fisheries adjustment and spervision for Fisheries Adjustment Commissions in the Seto Inland Sea.
The Seto Inland Sea Fisheries Adjustment Executive Office shall be set up in the City of Kobe.
Besides those prescribed in the preceding two paragraphs, necessary matters relating to the Seto Inland Sea Fisheries Adjustment Executive Office shall be determined by a Cabinet Order.
"The enforcement of the Fisheries Law (Law No.58 of 1910)" in Article 8 paragraph 1 shall be amended as "licences of fisheries (excluding those carried on by the Seto Inland Sea Fisheries Adjustment Executive Office)."
(Partial Amendment of Law concerning Mortgage of Fisheries Foundations)
Article 20. The Law concerning the Mortgage of Fisheries Foundations (Law No.9 of 1925) shall be partially amended as follows:
"Any fishery right or registered lease right thereof" in Article 1 shall be amended as "any fixed-net fishery right or demarcated fishery right (excluding any demarcated fishery right which is constituted from culture industry, by spore or spot collectors, oyster culture industry fish culture industry in inland waters other than those designated by the competent Minister in accordance with the provision of Article 6 paragraph 5 item (5) of the Fisheries Law (Law No.267 of 1949) or shellfish culture industry belonging to Type 3 demarcated fishery as owned by a Fishermen's Cooperative Association or Federation of Fishermen's Cooperative Associations;hereinafter the same)."
"Fishery right or registered lease right thereof" in Articles 2, 3 and 6 shall be amended as "fixed-net fishery right or demarcated fishery right."
"Fishery right" in Article 4 paragraph 1 or 4 shall be amended as "fixed-net fishery right or demarcated fishery right" ; "grant of fisheries" in paragraphs 1, 5 and 6 of the same Article, as "fishery right" ; "propagation and protection of aquatic animals and plants" in paragraph 6 of the same Article, as "fisheries adjustment" ; "or cases as may be necessary for the national defense or other military purpose, or may be injurious to public interests or cases where any grant of fisheries has been issued by mistake," as "other cases deemed necessary for public interests."
Article 5 shall be amended as follows:
Article 5. If, in case a Fisheries Foundation has been set ut to create any mortgage upon demarcated fishery rights which are constituted from culture industry by spore or spat collectors, oyster culture industry, fish culture industry in inland waters other than those designated by the competent Minister in accordance with the provision of Article 6 parapraph 5 item (5) of the Fisheries Law or shallfish culture industry belonging to Type 3 demarcated fisheries, any owner of such fishery rights intends to transfer them to a Fishermen's Cooperative Association or Federation of Fishermen's Cooperative Association, he shall obtain the consent of the owner of such mortgage.
Any owner of mortgage shall not refuse to give the consent as mentioned in the preceding paragraph without due cause.
At the time when the transfer as mentioned in paragraph 1 has been effected, the mortgage shall be annulled.
2 During the period of time, after the enforcement of the New Law, when any fixed-net fishery right or demarcated fishery right cannot be the object of mortgage as prescribed in paragraph 5 of the Supplementary Provisions of the same Law, no owner thereof shall set up any Fisheries Foundation to make them the object of mortgage.
3 With respect to any Fisheries Foundation which is actually being set up to create mortgage upon fishery rights or registered lease rights at the time of enforcement of the provision of paragraph 1, the former procedures shall still prevail thereupon.
(Partial Amendment of Fisheries Cooperative Association Law)
Article 21. The Fisheries Cooperative Association Law (Law No.242 of 1948) shall be partially amended as follows:
Article 17 paragraph 1 shall be amended as follows:
Any Association which causes its members to capitalize in accordance with the provision of Article 19, paragraph 1 and in which two-thirds or more of the persons usually engaging in the fisheries operated thereby or the activities collateral therewith are its members or are living in the same houses with its members may, in addition to the activities as specified in Article 11, operate the fisheries and activities collateral therewith.
The following one paragraph shall be added next to Article 17 paragraph 1;paragraph 2 shall be paragraph 3 and "the preceding paragraph" in the same paragraph shall be amended as "the preceding two paragraph" and "the same paragraph," as "paragraph 1" :
2. In case any Fishermen's Cooperative Association intends to operate fisheries in accordance with the provision of the preceding paragraph, a written consent of two-thirds or more of its member is needed therefor.
To Article 18 paragraph 1, the following proviso shall be added:
However, with regard to any Association whose principal constituent members are those who gather, take or culture aquatic animals and plants in rivers, any person (excluding any sport fishermen) who has his residence within the area of the Association and gathers, takes or cultures aquatic animals and plants and whose number of days of such fishing exceeds the number of days which is determined in the articles of association between thirty and ninety days shall also be qurlified for the membership of the Association.
To Article 18 paragraph 2, the following proviso shall be added:
However, this shall not apply to the Association as prescribed in the proviso to the preceding paragraph.
In Article 42 paragraph 2, "in the list of members of any Association which does not operate fisheries and collateral activities therewith as prescribed in Article 17 may not describe those mentioned in item (5)" and item (5) shall be deleted.
"Engaging" in Article 80, Article 81 and Article 82 paragraph 3, shall be amended as "usually engaging."
"Item (1) and items (3) to (5) inclusive" in Article 84 paragraph 2 item (1) shall be amended as "item (1), item (3) and item (4)" ;and next to item (2) of the same paragraph, the following one item shall be added:
3. "In case of a person who does not usually operate the fisheries and collateral activities therewith of the Association, to taat effect."
(Partial Amendment to the Law concerning the Consolidation of the Fisheries Organization and Others in conformity to the Enforcement of the Fisheries Cooperative Association Law)
Article 22. The Law concerning the Consolidation of the Fisheries Organization and Others in conformity to the Enforcement of the Fisheries Cooperative Association Law (Law No.243 of 1948) shall be partially amended as follows:
"Properties" in Article 13 paragraph 6 shall be amended as "properties (excluding fishery rights, using rights thereof or common-of-piscary rights, or properties acquired by that fisheries organization on the base of these rights;hereinafter the same in this Article)" and the following one Article shall be added next to the same Article:
(Fishery Right Administration Committee)
Article 13-2. Any Fishermen's Association currently existing at the time of enforcement of the Enforcement Law for the Fisheries Law (Law No.268 of 1949) which owns fishery rights or using rights thereof, or common-of-piscary rights shall convene a general meeting of the members within two months after the enforcement of the same Law.
2 The provisions of Article 12 paragraphs 2 to 5 inclusive shall apply mutstis mutandis to the general meeting of the members as mentioned in the preceding paragraph. In this case, "membership" shall read "fisherman membership as prescribed in Article 10 paragraph 2 of the Fisheries Cooperative Association Law (including those as prescribed in the proviso to Article 18 paragraph 1 of the same Law)" .
3 At the general meeting as mentiond in paragraph 1, the committee members of the Fishery Right Administration Committee shall be elected.
4 The election of the committee members as mentioned in the preceding paragraph shall be conducted by a secret ballot of the fisherman membership as prescribed in Article 10 paragraph 2 of the Fisheries Cooperative Association Law (including those as prescribed in the proviso to Article 18 paragraph 1 of the same Law).
5 The prescribed number of the committee member as mentioned in paragraph 3 shall be five to nine, and all of them must be fishermen as prescribed in Article 18 paragraph 1 of the Fisheries Cooperative Association Law.
6 The competency of the directorship relative to fishery rights or using rights thereof or common-of-piscary rights shall be exercised by the Fishery Right Administration Committee.
7 With regard to the disposal of properties acquired by any Fishermen's Association on the base of fishery rights of using rights thereof, or common-of-piscary rights, the liquidators of the Fishermen's Association as mentioned in paragraph 1 shall hear the opinion of the Fishery Right Administration Committee therefor and follow it. However, this shall not apply in case the opinion of the Fishery Right Administration Committee is against the resolution adopted at a general meeting of the members.
(Partial Amendment of Central Bank for Agriculture and Forestry Law)
Article 23. The Central Bank for Agriculture and Forestry Law (Law No.42 of 1933) shall be partially amended as follows:
"Fishermen's Cooperative Association" in Article 5 paragraph 1 shall be amended as "Fishermen's Cooperative Association, Fishermen's Production Association" .
(Application of Penal Provisions of Old Law)
Article 24. With regard to any punishment inflicted upon the acts committed prior to the enforecement of the New Law (with regard to any fishery right and common-of-piscary right as actually existing or to be newly created thereupon as prescribed in Article 1 of this Law, prior to the time when the Old Law having its effect as prescribed in the same Article shall lose its effect) the former procedures shall still prevail thereupon regardless of the provision of paragraph 2 of the Supplementary Provisions of the New Law.
(Penal Provisions)
Article 25. 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 made a fishery right the object of transfer or mortgage in violation of the provision of Article 3 paragraph 1;
(2) Any person who has acted in violation of the provision of Article 4 paragraph 2 (including the case where this paragraph is applicable mutatis mutandis under paragraph 4 of the same Article).
Article 26. Both imprisonment with hard labor and fine may, according to circumstances, be inflicted upon any person who has committed the offence as mentioned in the preceding Article.
Article 27. In case any representative of a juridical person, or an agent, employee or other worker of a juridical person or individual has, relevant to the business or properties of that juridical person or individual, acted the violations as mentioned in Article 25, not only shall such offender be punished, but that juridical person or individual shall also be fined in accordance with the provision of the same Article.