CHAPTER I General Provisions

(Purpose of this Law) Article 1. The purpose of this Law is to provide efficient fishing ports and to carry out their proper maintenance and management in order to facilitate the development of fishing industry which will contribute to stabilization of the national life as well as advancement of the national economy.

(Definition of Fishing Port) Article 2. "Fishing Port" as used in this Law means a composition of water area, land area and facilities to be used as a natural or artificial fishing base, which shall be designated in accordance with the provision of Article 5 paragraph 1.

(Definition of Fishing Port Facilities) Article 3. "Fishing port facilities" as used in this Law means facilities within a fishing port area which shall be specified as follows: (1) Basic facilities: a. Contour facilities: Break waters, sand groins, draining walls, sluices, locks, levees and seashore levees; b. Mooring facilities: Mooring quays, landing places, mooring buoys, bollards, piers, floating piers and slipways; c. Water facilities: Routes, anchorages and basins. (2) Functional facilities: a. Transporting facilities: Beltline railways, beltline tramways, roads, bridges and canals; b. Navigation facilities: Navigation aids, signal facilities and lighting facilities of communications for entry and clearance of fishing vessels; c. Land for fishing port facilities: Sites for all kinds of fishing port facilities; d. Preservation facilities for fishing vessels and gears: Fishing vessel repairing yards, fishing vessel engine repairing yards and fishing gears drying grounds; e. Supply facilities: Water supply and oil supply facilities for fishing vessels; f. Fish catch handling, preserving and processing facilities: Selling places, cranes, marine products warehouses, ice making, refrigerating and cold storing facilities and processing, plants; g. Fisheries communication facilities: Wireless telegraph stations on land, wireless telephone stations on land and meteorological signal stations; h. Crew members'welfare facilities: Lodgings, bath houses, medical offices and halls; i. Fishing port managing facilities: Offices and watch houses.

(Definition of Fishing Port Repair and Construction Works) Article 4. "Fishing port repair and construetion works" as used in this Law means works for new construction, enlargement, improvement, repair or removal of fishing port facilities, prevention of land collapse within fishing port areas, prevention of soil inflow into fishing port areas and other construction or improvement of fishing baser, which shall be operated on the basis of the Fishing Ports Planning mentioned in Article 17 paragraph 1.

CHAPTER II Designation of Fishing Ports

(Designation of Fishing Ports) Article 5. The Minister of Agriculture and Forestry shall, upon consulting with the Fishing Fort Council and upon hearing the opinion of the governors of To, Do, Fu and prefectures concerned, determine the names, types and areas of fishing ports and carry out their designation. 2 In cases where the Minister of Agriculture and Forestry considers that there has come forth any change of circumstances or any other special condition to any fishing port designated in accordance with the provision of the preceding paragraph, he may, upon consulting with the Fishing Port Council and upon hearing the opinion of the governor of To, Do, Fu or prefecture concerned, alter the contents of its designation or cancel it. 3 In cases where the Minister of Agriculture and Forestry intends to make the designation mentioned in paragraph 1 or the alteration mentioned in the preceding paragraph, if he determines or alters the fishing port areas, he shall consult with the Minister of Transportation thereabout. 4 In cases where the Minister of Agriculture and Forestry intends to make the designation mentioned in paragraph 1 or the alteration mentioned in paragraph 2 within any river area as prescribed in Article 2 paragraph 1 of the River Law (Law No.71 of 1896), he shall consult with the local administrative office which exercises jurisdiction over that river about the fishing port area concerned. 5 The designation mentioned in paragraph 1 or the alteration or cancellation mentioned in paragraph 2 shall be made through Notification.

(Types of Fishing Ports) Article 6. The types of fishing ports shall be as follows: Type 1 fishing port: Fishing port whose scope of utilization is chiefly limited to the fishery in its local district. Type 2 fishing port: Fishing port whose scope of utilization is larger than that of type 1 fishing port and does not belong to type 3 fishing port. Type 3 fishing port: Fishing port whose scope of utilization is nation-wide. Type 4 fishing port: Fishing port which is located in an isolated land or any other remote place and indispensable for exploitation of fishing grounds or shelter of fishing vessels.

CHAPTER III Fishing Port Council

(Establishment and Powers) Article 7. The Fishing Port Council shall be established in order to make research and deliberation on the matters concerning fishing ports falling into its powers in accordance with the provisions of this Law and other matters concerning fishing ports. 2 The Fishing Port Council may submit its opinions on the matters concerning fishing ports to the administrative offices concerned. 3 The Fishing Port Council shall have a constant and close contact with the Central Fisheries Adjustment Council. 4 The Fishing Port Council shall be under the supervision of the Minister of Agriculture and Forestry.

(Organization) Article 8. The Fishing Port Council shall be composed of nine members. 2 One of the members shall be the Director of the Fisheries Agency. 3 There shall be a chairman in the Fishing Port Council, and he shall be elected by cooptation from among the members. 4 The chairman shall preside over the business of the Council. 5 The Fishing Port Council shall designate in advance the person from among the members, who acts for the chairman in case he is prevented from discharging his duties. 6 The provisions of the following Article to Article 12 inclusive shall not apply to the member who is the Director of Fisheries Agency.

(Appointment of Members) Article 9. The members shall be appointed by the Prime Minister with the consent of both Houses from among the following persons: (1) Persons of full knowledge and experience in fishing ports planning; (2) Persons of full knowledge and experience in techniques relating to fishing ports repair and construction works; (3) Persons of full knowledge and experience in management of fishing ports; (4) Persons of full knowledge and experience in fishing industry. 2 In cases where the term of office of the members expires or any vacancy occurs in the membership, if the Prime Minister can not obtain the consent of both Houses owing to a close of the Diet or a dissolution of the House of Representatives, he may appoint the members without obtaining the consent of both Houses regardless of the provision of preceding paragraph. In this case, however, the Prime Minister shall obtain the consent of both Houses at the first Diet held after the appointment of the members.

(Term of Office of Members) Article 10. The term of office of the members shall be three years. However, the term of office of a member who has filled a vacancy of member's post shall be the remaining term of office of his predecessor. 2 The members may be re-appointed. 3 The term of office of the members first taking office after the establishment of the Fishing Port Council shall be one year by two persons, two years by three persons and three years by three persons respectively from the day of their appointment as will be fixed at the time of appointment by the Prime Minister.

(Retirement of Members) Article 11. In cases where the consent of both Houses as prescribed in the latter clause of Article 9 paragraph 2 has failed to be obtained the member concerned shall retire from office.

(Removal of Members) Article 12. The Prime Minister may remove any of the members with the consent of both Houses when he considers that the said member cannot perform his duties owing to his physical or mental disabilities or that the member has violated his obligations or committed any misconduct deemed unfit for the membership. 2 In cases where the Prime Minister intends to obtain the consent of both Houses 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 of the reason of his removal and give the said member or his proxy the opportunity to explain at the public hearing and produce favorable evidence.

(Method of Making Decision and Researches, etc.) Article 13. In the meeting of the Fishing Port Council, the proceedings may not be opened nor decisions be taken unless the majority of the members are present. 2 The proceedings of the Fishing Port Council shall be decided by the majority of the members who are present (excluding the chairman);and in case of a tie, the decision shall be made by the chairman. 3 The Fishing Port Council may request any public office, persons interested in fishing ports, any organization formed by such persons or any other persons concerned to submit reports or date necessary for its deliberation, or may request any person concerned to attend the council and express his opinion. 4 The Fishing Port Council may, when deemed necessary to do so for the purpose of deliberation, entrust any public office, persons interested in fishing ports or any organization formed by such persons or persons of learning and experience with necessary investigations. 5 Any person who has been requested of his attendance in accordance of the provision of paragraph 3 shall demand travelling expenses and allowances, as provided for by Cabinet Order.

(Public Hearing) Article 14. In cases where the Fishing Port Council determines its opinion on the Fishing Ports Planning mentioned in Article 17 paragraph 1 or in cases where the Council considers it necessary to do so, it may hold public hearing;or in cases where any instruction of the Minister of Agriculture and Forestry or any request of the persons interested as determined by the Fishing Port Council to that effect has been received, it shall hold public hearing.

(Payment of Actual Expenses for Members) Article 15. The members shall, as provided for by Cabinet Order, receive travelling expenses, allowances and other actual expenses necessary for performing their duties.

(Provisions of Delegation) Article 16. Matters necessary for management of the Fishing Port Council, except those provided for by this Law, shall be determined by the Fishing Port Council.

CHAPTER IV Fishing Port Repair and Construction Works

(Fishing Ports Planning) Article 17. The Minister of Agriculture and Forestry shall, upon hearing the opinion of the Fishing Port Council and in adoption thereof, determine the Fishing Ports Planning and lay it before the Cabinet Council for decision. If the Minister of Agriculture and Forestry can not adopt the opinion of the Fishing Port Council, he shall lay said opinion of the Fishing Port Council before the Cabinet in addition to his Fishing Ports Planning. 2 In cases where the Fishing Ports Planning has been determined by the Cabinet in accordance with the provision of the preceding paragraph, the Cabinet shall submit it to the Diet for approval. In this case, when the Fishing Ports Planning determined by the Cabinet differs from the opinion of the Fishing Port Council, the Cabinet shall lay the opinion of the Fishing Port Council before the Diet in addition to its Fishing Ports Planning. 3 The Cabinet shall make the estimates or the necessary expenditures in the National Budget every year, within the financing ability of the State, for the enforcement of the Fishing Ports Planning mentioned in the preceding paragraph.

(Operators) Article 18. Any fishing port repair and construction works shall not be operated by persons other than the State, local public entities or fisheries cooperative associations which have fishing ports within their areas.

(Permission for Operation) Article 19. In cases where any persons other than the State intends to operate any fishing port repair and construction works, he shall determine his fishing port repair and construction plan according to the Fishing Ports Planning mentioned in Article 17 paragraph 1 and then file an application for permission with the Minister of Agriculture and Forestry. 2 In cases where the Minister of Agriculture and Forestry grants the permission mentioned in the preceding paragraph, he shall comply with the standard previously determined upon consulting with the Fishing Port Council. 3 In cases where the state operates any fishing port repair and construction works, the Minister of Agriculture and Forestry shall determine its fishing port repair and construction plan according to the Fishing Ports Planning mentioned in Article 17 paragraph 1. 4 In cases where the fishing port repair and construction plan mentioned in paragraph 1 or the preceding paragraph is determined, if there is any fishing port management body in the fishing port concerned, it shall be determined upon hearing the opinion of the fishing port management body concerned and in deference thereto. 5 In the case of paragraph 1 or 3 any persons who intends to operate the fishing port repair and construction works may, when deemed necessary to do so for the purpose of determining his fishing port repair and construction plan, enter another person's land or waters and carry out survey or investigation, with a five days'previous notice thereof to its owner or occupant. In this case, however, if the operation is made by any person other than the State, the person concerned shall, upon determining the land or waters to be entered, obtain a previous permission of the Minister of Agriculture and Forestry therefor. 6 Any person who makes any entrance, survey or investigation as prescribed in the preceding paragraph shall carry with him a card identifying his status. 7 In the case of paragraph 5, the person concerned in the operation shall make compensation without delay for the damage actually caused by the entrance, survey or investigation mentioned in the same paragraph.

(Shares of Expenses and Subsidy) Article 20. In cases where any fishing port repair and construction work is operated by the State, the State may, according to the standard as determined by Cabinet Order, cause the fishing port management body of the port concerned to bear a part of the expenses with the consent of that body. 2 In cases where any fishing port repair and construction work of type 3 or type 4 fishing port is operated by any person other than the State, the expenses required for repair and construction of the basic facilities mentioned in Article 3 item (1) shall be borne by the State at the rate as. indicated respectively in the following specifications: Type of fishing ports Rate Type 3 fishing port 60% in Hokkaido,50% in other districts Type 4 fishing port 80% in Hokkaido,75% or 60% in other districts 3 In cases where any fishing port repair and construction work of type 1 or type 2 fishing port is operated by any person other than the State, the State shall subsidize the expenses required for repair and construction of the basic facilities mentioned in Article 3 item (1) to the operator of the fishing port repair and construction work concerned at the rate as indicated respectively in the following specifications: Type of fishing ports Rate Type 1 fishing port 60% in Hokkaido,40% in other districts Type 2 fishing port 60% in Hokkaido,40% in other districts 4 In cases where any fishing port repair and construction work is operated by any person other than the State, the State may, in case of special necessity, subsidize, according to the standard as determined by Cabinet Order and within the limit of the budgetary appropriations, a part of the expenses required for the fishing port repair and construction work other than the work as prescribed in the preceding 2 paragraphs to the operator of the work concerned. 5 In cases where the Minister of Agriculture and Forestry grants the permission mentioned in paragraph 1 of the preceding Article, he shall do it within the limit that the amount of money to be borne or subsidized by the State in accordance with the provision of paragraph 2 or 3 does not exceed the amount of the budget decided by the Diet.

(Transfer of Rights relative to Permission for Fishing Port Repair and Construction Works and Entrusting of their Operation) Article 21. No transfer of rights relative to the permission for the operation of the fishing port repair and construction works shall take effect unless the approval of the Minister of Agriculture and Forestry be obtained therefor. 2 Any operator of fishing port repair and construction works may, upon obtaining the permission of the Minister of Agriculture and Forestry, entrust other persons with the operation of fishing port repair and construction works. 3 The provision of Article 19 paragraph 2 shall apply with the necessary modifications to the approval mentioned in paragraph 1 and the permission mentioned in the preceding paragraph.

(Alteration of Fishing Port Repair and Construction Plan, Abandonment of Fishing Port Repair and Construction Works, etc.) Article 22. No operator of fishing port repair and construction works other than the State shall, in cases where any change of circumstances or other conditions occur, alter his fishing port repair and construction plan, abandon the whole or part of his fishing port repair and construction works of suspend the operation thereof unless the permission of the Minister of Agriculture and Forestry has been obtained therefor. 2 In cases where the Minister of Agriculture and Forestry grants the permission mentioned in the preceding paragraph, if there is a fishing port management body in that fishing port, he shall grant it upon hearing the opinion of the fishing port management body concerned and in deference thereto. However, this shall not apply in the case where it must be done in haste or the matter is of no importance.

(Instructions and Orders to Operators and Cancellation of Permission) Article 23. The Minister of Agriculture and Forestry may give instructions necessary for the order of operation of the fishing port repair and construction works and methods of their operation to operators other than the State. 2 In cases where the Minister of Agriculture and Forestry deems it necessary to do so because of any change of geographical features or other reasons, he may order any operator of the fishing port repair and construction works other than the State to alter his fishing port repair and construction plan, or abandon the whole or part of such works or suspend their operation. 3 In cases where the Minister of Agriculture and Forestry considers that any operation of works made by an operator other than the State violates this Law or orders issued thereunder or any disposition executed by the administrative offices under these Law and orders, or its completion is hopeless or the operator concerned does not set about the work by the period determined by the fishing port repair and construction plan, he may cancel the permission for the operation of the fishing port repair and construction works.

(Use and Expropriation of Land, Waters, etc.) Article 24. In cases where any operator of fishing port repair and construction works considers it necessary to do so for the purpose of constructing the fishing port basic facilities mentioned in Article 3 item (1), he may, under the Land Expropriation Law (Law No.29 of 1910), use or expropriate any necessary land, properties appurtenant thereto or any right created thereon. 2 In cases where any operator of fishing port repair and construction works considers it necessary to do so for the purpose of operating the fishing port repair and construction works, he may, upon giving a five days'previous notice thereof to the owner or occupant, enter another person's land or waters, or use them as temporary materials yards. In this case, if the works are operated by any person other than the State, the person concerned shall determine the area of land or waters to be entered or used and the period of such use, and shall obtain the permission of the Minister of Agriculture and Forestry in advance. 3 Any person who makes any entrance as prescribed in the preceding paragraph shall carry with him a card identifying his status. 4 In the case of paragraph 2, the operator of the fishing port repair and construction works shall make without delay compensation for the damage actually caused by the entrance or use mentioned in the same paragraph or pay a reasonable rent therefor.

CHAPTER V Maintenance and Management of Fishing Ports

(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.

CHAPTER VI Miscellaneous Provisions

(Facilities Deemed Fishing Port Facilities) Article 40. The Minister of Agriculture and Forestry may, upon consulting with the Fishing Port Council, deem the facilities mentioned in Article 3 not being located within the fishing port area as the fishing port facilities. In this case, he shall give notice thereof without delay to the owner or occupant concerned.

(Investigation, Survey and Inspection by Minister of Agriculture and Forestry) Article 41. In cases where the Minister of Agriculture and Forestry deems it necessary to do so for the purpose of determining or altering fishing port areas in accordance with the provision of Article 5, he may request persons interested in fishing ports or organizations formed by such persons to submit necessary reports or data, or may enter another person's land or waters and carry out survey or inspection with a five days'previous notice thereof to its owner or occupant. 2 The Minister of Agriculture and Forestry may, when deemed necessary, request operators of the fishing port repair and construction works or fishing port management bodies to submit necessary reports or data relative to the operation of the works or execution of their duties, or may cause the officials concerned of the central government to enter their operation places, offices or other places and to ask questions or inspect their books, documents or other objects. 3 Any person who carries out the entrance, survey, inspection or questioning as prescribed in the preceding two paragraphs shall carry with him a card identifying his status. 4 In the case of paragraph 1, the Minister of Agriculture and Forestry shall make without delay compensation for the damage actually caused by the entrance, survey or inspection mentioned in the same paragraph.

(Consultation with Minister of Transportation) Article 42. In cases where the Minister of Agriculture and Forestry intends to grant the approval mentioned in Article 38 paragraph 1 or the permission mentioned in Article 39 paragraph 1 in respect to any facilities to be used chiefly for transportation, he shall consult with the Minister of Transportation therefor.

(Petition) Article 43. Any person who is not satisfied with any disposition made by the administrative offices under this Law or orders issued thereunder or under the regulations for fishing port management may institute a petition against the Minister of Agriculture and Forestry. 2 In cases where any petition as prescribed in the preceding paragraph has been instituted, the Minister of Agriculture and Forestry shall give decision therefore upon hearing the opinion of the Fishing Port Council and in deference thereto. 3 In cases where the Fishing Port Council intends to decide its opinion in accordance with the provision of the preceding paragraph, it shall, with a previous notice of the date and place, hold public hearing for the person who has instituted the petition or his proxy.

(Delegation of Powers of Minister of Agriculture and Forestry) Article 44. A part of the powers of the Minister of Agriculture and Forestry as provided for by this Law may, as provided for by Cabinet Order, be exercised by governors of To, Do, Fu and prefectures or mayors of cities, towns and villages (in the area where there is a ward of To, the headman of ward). In this case, in Article 41 paragraph 2, "the officials concerned of the central government" shall read "the officials concerned of local government."

CHAPTER VII Penal Provisions

Article 45. Any person who comes under any of the following items shall be punished with a fine not exceeding thirty thousand yen (30,000 yen): (1) Any person who has entered another person's land or waters without obtaining the permission of the Minister of Agriculture and Forestry, in the case of Article 19 paragraph 5; (2) Any person who had entered or used another person's land or waters without obtaining the permission of the Minister of Agriculture and Forestry, in the case of Article 24 paragraph 2; (3) Any person who has violated the provision of Article 37 paragraph 1; (4) Any person who has operated construction, taking away, discharge, dumping or exclusive use mentioned in Article 39 paragraph 1 without obtaining the permission mentioned in the same Article.

Article 46. Any person who comes under any of the following items shall be punished with a fine not exceeding ten thousand yen (10,000 yen): (1) Any person who has entrusted other persons with the operation of fishing port repair and construction works without obtaining the permission mentioned in Article 21 paragraph 2; (2) Any person who has violated the provision of Article 22 paragraph 1; (3) Any person who has made his fishing port basic facilities available to the use of other persons or collected the rent thereof without obtaining the approval mentioned in Article 39 paragraph 1; (4) Any person who has refused, obstructed or evaded the entrance, survey or inspection of any official of the central or local government as prescribed in Article 41 paragraph 2.

Article 47. In cases where any representative of juridical person, or any agent, employee or other worker of a juridical person or individual has, relevant to the business affairs of the juridical person or individual, committed any violation mentioned in the preceding two Articles, if the juridical person or individual has known the plan of such violation and has not taken necessary measures to prevent the violation, or has known the violation and has not taken necessary measures to correct it, or has instigated the violations, not only shall such violator be punished, but the juridical person or individual shall also be fined in accordance with the provision of any of these Articles.