(Designation of Fishing Port Management Body)
Article 25. For the purpose of carrying out maintenance, preservation and management of fishing ports and proper administration thereof, the Minister of Agriculture and Forestry designates, according to the standard determined upon consulting with the Fishing Port Council and upon hearing the opinion of the governor of To, Do, Fu or prefecture concerned, the local public entity or the fisheries cooperative association having that fishing port within its area, as its fishing port management body.
2 Any local public entity or fisheries cooperative association as designated in accordance with the provision of the preceding paragraph cannot refuse such designation unless any justifiable reason exists therefor.
3 In cases where the Minister of Agriculture and Forestry deems that any fishing port management body does not perform a proper maintenance and management of the fishing port, or it is not appropriate for its duties, he may cancel the designation of the fishing port management body as prescribed in paragraph 1.
4 In cases where the Minister of Agriculture and Forestry intends to carry out any designation of the fishing port management body in accordance with the provision of paragraph 1, or to cancel any designation of the fishing port management body in accordance with the provision of the preceding paragraph, he shall hold a public hearing therefor.
5 The designation mentioned in paragraph 1 or the cancellation mentioned in paragraph 3 shall be made through Notification.
(Duties of Fishing Port Management Bodies)
Article 26. Any fishing port management body shall determine its fishing port management plan and the regulations for fishing port management necessary to carry out such plan, and shall thereunder be responsible for the maintenance and management of the fishing port.
(Establishment and Powers of Fishing Port Management Committee)
Article 27. For the purpose of carrying out deliberation of important matters relating to maintenance and management of fishing ports, fishing port management bodies shall set up a Fishing Port Management Committee in each fishing port. However, this shall not apply to any Type 1 fishing port, any fishing port whose fishing port management body is a fisheries cooperative association and any fishing port which the Minister of Agriculture and Forestry has designated upon consulting with the Fishing Port Council.
2 In cases where any fishing port management body has set up a Fishing Port Management Committee, it shall give notice thereof without delay to the Minister of Agriculture and Forestry.
3 Any fishing port management body shall determine the establishment of its fishing port management plan and its regulations for fishing port management and other important matters relating to maintenance and management of its fishing port, upon consulting with the Fishing Port Management Committee and in deference to the opinion of the Committee.
(Organization of Fishing Port Management Committee)
Article 28. A Fishing Port Management Committee shall be composed of a chairman and committee members.
2 The chairman shall be the chief of the local public entity or the representative (if there are several representatives, the representative whom the fishing port management body shall designate from among them) of the fisheries cooperative association, which is a fishing port management body.
3 The chairman shall preside over the business of the Committee.
4 The committee members shall be as follows:
(1) Persons elected by co-optation from among those having their residence of operation places within the area of the city, town or village in which the fishing port is located who operate fisheries by fishing vessel or who engage in gathering, taking or culturing aquatic animals and plants by fishing vessel for fisheries operators, over ninety days in a year:.............................................7 persons
(2) Persons appointed by the fishing port management body from among those of full knowledge and experience in fishing ports who have been recommended by the mayor of the city, town or village in which the fishing port is located:..................2 persons
(3) Persons appointed by the fishing port management body from among those of full knowledge and experience in fishing ports who have been recommended by the governor of To, Do, Fu or prefecture in which the fishing port is located:..................2 persons (in case of fishing port management committees in Type 1 fishing port......... one person)
(4) Persons appointed by the fishing port management body from among those of full knowledge and experience in fishing ports who have been recommended by the Minister of Agriculture and Forestry:...... one person (only in case of fishing port management committees in Type 3 fishing port and Type 4 fishing port)
5 In cases where the location of a fishing port extends over two or more of cities, towns and villages or two or more of To, Do, Fu and prefectures, committee members of the number as prescribed in items (1) to (3) iuclusive of the preceding paragraph shall, by each city, town or village or by each To, Do, Fu or prefecture, be elected by co-optation or appointed.
6 In cases where the location of a fishing port extends over two or more of cities, towns and villages or two or more of To, Do, Fu and prefectures or if there is any other special reason, the Minister of Agriculture and Forestry may, upon consulting with the Fishing Port Council, alter the prescribed number of committee members specified in each item of paragraph 4.
7 In cases where there are two or more fishing ports in one and the same city, town or village or any other special reason exists, the Minister of Agriculture and Forestry may, upon consulting with the Fishing Port Council, determine a definite area of each fishing port. In this case, in paragraph 4 item (1), "the area of the city, town or village" shall read "the definite area of a fishing port."
8 The alteration of the prescribed number of committee members as prescribed in paragraph 6 and the determination of the definite area of a fishing port as prescribed in the preceding paragraph shall be made through Notification.
9 The necessary matters for the election of the committee members mentioned in paragraph 4 item (1) shall be determined by local by-laws.
(Term of Office of Committee Members)
Article 29. The term of office of the committee members shall be two years. However, the term of office of a committee member who has filled a vacancy of member's post shall be the remaining term of office of his predecessor.
(Claim for Re-election of Committee Members and Removal)
Article 30. Persons having the voting right of the committee members mentioned in Article 28 paragraph 4 item (1) may, as provided for by local by-law, with the joint signature of one-half or more of their total number within the area of the city, town or village or the definite area of a fishing port to which it belongs, claim through their representatives reelection of the members of the committee elected from among those belong to the said area.
2 In. the case of the preceding paragraph, the provisions of Article 9 paragraphs 2 to 4 inclusive (the Provisions concerning Claim for Dismissal of Committee Members) of the Fisheries Law (Law No.267 of 1949) shall apply with the necessary modifications thereto. In this case, in Article 99 paragraph 2, "one third" shall read "a half."
3 Any fishing port management body may, upon hearing the opinion of the Fishing Port Management Committee and in deference thereto, remove any of the committee members other than those mentioned in Article 28 paragraph 4 item (1) when it considers that the said member cannot perform his duties owing to his physical or mental disabilities or he has violated his obligations or committed any misconduct deemed unfit for the membership.
4 In cases where the fishing port management body intends to hear the opinion of the fishing port management committee for the removal of any member in accordance with the provision of the preceding paragraph, he shall make previous notice to the member concerned by a document stating the reason of his removal and give said member or his proxy the opportunity to explain at a public hearing and produce favorable evidence.
(Special Case relative to To)
Article 31. In Article 28 and the preceding Article, "City, town or village" or "mayor of the city, town or village" shall be "To" or "Governor of To" in the area where there is a ward of To.
2 The provision of Article 28 paragraph 4 item (3) shall not apply to any Fishing Port Management Committee in a fishing port located in the area of a ward of To.
(Method of Making Decision)
Article 32. In the meeting of the Fishing Port Management Committee, the proceedings may not be opended nor decisions be taken unless the majority of the members and the chairman are present.
2 The proceedings of the Fishing Port Management Committee shall be decided by the majority of the members who are present;and in case of a tie, the decision shall be made by the chairman.
(Payment of Actual Expenses for Members)
Article 33. The members may, as provided for by the regulations for fishing port management, receive travelling expenses, allowances and other actual expenses necessary for performing their duties.
(Establishment and Alteration of Fishing Port Management Plan and Regulations for Fishing Port Management)
Article 34. In cases where any fishing port management body carries out the maintenance and management of its fishing port, the establishment or alteration of its fishing port management plan or its regulations for fishing port management shall not take effect unless the approval of the Minister of Agriculture and Forestry be obtained therefor.
2 In any fishing port management plan, except for the fishing port repair and construction works under operation, a necessary plan shall be determined relating to the principle for the matters as specified in any of the following respective items:
(1) Matters relating to maintenance, preservation and management of fishing port facilities and other maintenance and administration thereof;
(2) Matters relating to earnings and expenses for maintenance and management of fishing ports;
(3) Besides those mentioned in any of the preceding items, necessary matters relating to maintenance and management of fishing ports.
3 The fishing port management plan and the regulations for fishing port management shall be put to public notice.
4 The Minister of Agriculture and Forestry may, upon consulting with the Fishing Port Council, determine model forms of the fishing port management plan and the regulations for fishing port management.
(Collection of Consideration for Utilization)
Article 35. Any fishing port management body may, as provided for by the regulations for fishing port management, for the purpose of covering the expenses required for maintenance and management of the fishing port, collect from its utilizers considerations for its utilization, such as charges for utilization, use, service or exclusive use.
(Use and Expropriation of Land, Water, etc.)
Article 36. The provision of Article 24 shall apply with the necessary modifications in cases where it is necessary for maintenance and management of fishing ports.
2 Any fishing port management body way, in case of emergency from disaster, cause persons on the scene to cooperate in the restoration, prevention of danger or other works, or may, regardless of the provision of the preceding paragraph, take the following measures:
(1) Use of necessary land, waters, vessels or structures;
(2) Use or expropriation of soil, stone, bamboo, wood or other objects (excluding those specified in the preceding item).
3 The provision of Article 24 paragraph 4 shall apply with the necessary modifications in cases where the measures specified in the preceding paragraph have been taken.
(Restrictions on Disposition of Fishing Port Facilities)
Article 37. Any owner or occupant of the fishing port facilities shall not change the shape and character or the place of the facilities, nor transfer, lease, remove, or dispose of such facilities unless the permission of the Minister of Agriculture and Forestry be obtained therefor. However, this shall apply in the case where it is done according to the fishing port repair and construction plan, the fishing port management plan or the regulations for fishing port management.
2 In cases where the Minister of Agriculture and Forestry deems it necessary to do so for the purpose of preservation of fishing ports, he may order any person who has violated the provision of paragraph 1 to make reversion to its original condition.
3 Any expenses required for the reversion to its original condition as prescribed in the preceding paragraph shall be borne by the violator.
(Utilization of Fishing Port Facilities)
Article 38. Any person other than the State and fishing port management body who intends to make his fishing port basic facilities available to the use of other persons or collect the rent thereof shall determine the methods of utilization and the rate of charge and submit them to the Minister of Agriculture and Forestry for approval. The same shall apply to the case of its alteration to be effected.
2 In cases where the Minister of Agriculture and Forestry intends to grant the approval mentioned in the preceding paragraph, he shall do so after hearing the opinion of the fishing port management body concerned, if any, in such fishing port.
(Preservation of Fishing Ports)
Article 39. Any person who intends to operate in the water area within a fishing port area, construction of structures, taking away of soil and sand, discharge of sewage, dumping of dust or exclusive use of a part of the waters (excluding the case where it is done by reclamation of waters subject to the public use) shall obtain the permission of the Minister of Agriculture and Forestry therefor. However, this shall not apply in the case where such is done according to the fishing port repair and construction plan, the fishing port management plan or the regulations for fishing port management.
2 The Minister of Agriculture and Forestry shall grant permission mentioned in the preceding paragraph for the construction, taking away, discharge, dumping or exclusive use mentioned in same paragraph unless such action greatly affects the utilization of the fishing port or otherwise bring forth a great obstacle to the maintenance and management of the fishing port.
3 In cases where the Minister of Agriculture and Forestry deems it necessary to do so for the purpose of preserving fishing ports he may order any person who has violated the provision of paragraph 1 to make removal or reversion to its original condition, of any structure established in violation of the provision of the same paragraph.
4 The governors of To, Do, Fu and prefectures shall operate no reclamation of waters subject to the public use within fishing port areas unless the approval of the Minister of Agriculture and Forestry be obtained. However, this shall not apply to any reclamation in the area of Type 1 fishing port which may not greatly affect the utilization of the fishing port concerned.
5 The Minister of Agriculture and Forestry may order any owner or occupant of land, bamboo, wood or structure within the fishing port area to make necessary facilities to prevent land collapse, inflow of soil and sand or sewage, or other injuries which may endanger fishing ports by his land, bamboo, wood or structure. In this case, he shall hear the opinion of the owner of occupant therefor in advance.
6 Any expenses required for the removal or reversion to the original condition as prescribed in paragraph 3 shall be borne by the violator, and, any expenses required for the facilities as prescribed in the preceding paragraph shall be borne by the owner or occupant concerned.