(Purpose)
Article 1. The purpose of this Law is to prevent exhaution of marine resources in order to maintain their highest production rate in future.
(Prescribed Number of Licensed Fishing Boats)
Article 2. In cases where the Minister of Agriculture and Forestry considers that marine resources are in danger of exhaustion, he shall determine by Ministerial Ordinance a maximum number of fishing boats (hereinafter referred to as "the prescribed number" ) to engage in the operation of the fisheries, by types of fisheries and by sea areas, in respect to the designated high sea fisheries mentioned in Article 52 of the Fisheries Law (Law No.267 of 1949) or the fisheries for whose operation the licence from the Minister of Agriculture and Forestry is needed in accordance with the provisions of the Ordinance issued under Article 65 paragraph 1 of the same Law.
2 In cases where the Minister of Agriculture and Forestry determines the prescribed unmber, he shall synthetically take into consideration the productive capacity of marine resources as shown in scientific researches, the number of the persons now engaging in actual operations of such fisheries and other natural, social and economic conditions.
3 In cases where the Minister of Agriculture and Forestry determines the prescribed number, he shall hear the opinions of the interested persons through public hearing to be held in advance, announcing the date and the place thereof, and shall hear also in advance the opinions of the Central Fisheries Adjustment Council (hereinafter referred to as "Council" ).
(Cancellation and Alteration of Licences because of Excess of Prescribed Number)
Article 3. In cases where the prescribed number has been determined in accordance with the provisions of the preceding Article, if the number of the fishing boats now under licence for fishing operation (including authorizations for commencing fishing operation;hereinafter the same) with respect to the types of fisheries concerned and the sea-areas therefor exceeds the prescribed number, the Minister of Agriculture and Forestry shall, according to the standard as determined by Ministerial Ordinance upon considering the following matters, designate, in respect to the fishing boats exceeding the prescribed number, the date of cancellation of the licence for the fisheries cencerned, the operation areas thereof to be altered and the date of such alteration to be effected:
(1) The number of fishing boats for which each fisheries operator has been granted licences with respect to the types of fisheries concerned and the sea-areas;
(2) The number of trips of fishing boats which are engaging in the fisheries concerned, major operation places, number of operation days and net hauling, hauls and other operating condition;
(3) Labor conditions, such as wages and other allowances;
(4) Extent of economic dependency of each fisheries operator on the fisheries concerned.
2 In cases where the Minister of Agriculture and Forestry determines the standard mentioned in the preceding paragraph, he shall hear the opinions of the interested persons through public hearing to be held in advance, announcing the date and place thereof.
3 In cases where the Minister of Agriculture and Forestry makes a designation in accordance with the provision of paragraph 1, he may designate, when deems it necessary to do so, the operation areas of fishing boats concerned to be altered and the date for such alteration with respect to the fishing boats which were granted licences with respect to the types of fisheries concerned, and the same sea-areas therefor and which have not received the designation mentioned in the same paragraph.
4 In cases where the Minister of Agriculture and Forestry intends to make the designation as prescribed in paragraph 1 or the preceding paragraph, in advance he shall notify in writing the fisheries operators concerned of the reason for such designation and give them or their proxies a chance to produce favorable evidences as well as to explain themselves at a public hearing.
5 The designation as prescribed in paragraph 1 or 3 shall be made through a public notice.
6 In cases where the public notice mentioned in the preceding paragraph has been given, the licence for fisheries concerned shall, regardless of the term of validity thereof, be deemed to have been, on the day of such designation, cancelled or altered as to operation areas.
(Compensation for Loss)
Article 4. In cases where any person whose licence has been cancelled or whose operation area has been altered in accordance with the provision of paragraph 6 of the preceding Article has suffered loss as the result of such disposition, the Government shall make compensation for the loss as may be usually caused thereby.
2 The amount of the compensation as prescribed in the preceding paragraph shall be determined by the Minister of Agriculture and Forestry upon heraing the opinion of the Council and a public notice thereof shall be given.
3 The methods of payment of the compensation shall be determined by Cabinet Order.
4 Any person who is not satisfied with the amount of the compensation of which a public notice has been given under the provision of paragraph 2 may demand an increase in the amount by legal action within ninety (90) days from the day of its public notice.
5 In the case of the legal action mentioned in the preceding paragaph, the State shall be a defendant.
(Measures for Fisheries Employees)
Article 5. Any person whose licence has been cancelled in accordance with the provision of Article 3 paragraph 6 shall pay the amount of money as specified by Ministerial Ordinance out of the compensation delivered him, to those persons who were working on board his fishing boat whose licence was cancelled and to those persons who were engaged in land operation for the same fishing boat, respectively, as of the day public notice prescribed in paragraph 5 of the same Article.
(Investigation of Marine Resources)
Article 6. In order to achieve the purpose of this Law, the Minister of Agriculture and Forestry shall carry out scientific investigation into the following matters relating to the types of fisheries for which the marine resources may be deemed to be in danger of exhaustion:
(1) Hauls by fishing grounds, by fishing seasons and by species of marine resources;
(2) Composition of length and weight of body and age, and conditions of spawning, growth and migration of the products mentioned in the preceding item;
(3) Number of operation days by fishing grounds and by fishing seasons, operation trips and operation hours and other operation conditions;
(4) Sea conditions by fishing grounds and by fishing seasons relative to water temperature, salt, plankton, nutritious salts and others.
2 The Minister of Agriculture and Forestry may, as provided for by Cabinet Order, delegate parts of the matters mentioned in the preceding paragraph to the governor of To, Do, Fu or prefecture.
(Request of Submission of Reports)
Article 7. In cases where the Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture deems it necessary to do so for the purpose of making the investigations mentioned in the preceding Article, he may demand persons who operate or engage in fisheries to submit reports on the quantity, season and method of hauls and other necessary matters.
(Penal Provisions)
Article 8. Any person who has failed to submit the reports as prescribed in the preceding Article or has made false reports shall be punished with a penal servitude for a period not more than six months or a fine not exceeding ten thousand yen.