(Permission for Construction, Conversion and Change of Use)
Article 3. Any person who intends to construct any powered fishing vessel as specified in any of the following items or convert any vessel to a powered fishing vessel as specified in any of the following items through shipbuilders or other persons, shall obtain permission therefor, if the powered fishing vessel comes under item (1) or item (2), from the Minister of Agriculture and Forestry, and, if the powered fishing vessel comes under item (3), from the Governor of To, Do, Fu or prefecture who exercises jurisdiction over its main home port (in case of conversion, its main home port after conversion). The same shall apply in the case where change of use of a vessel other than powered fishing vessel to any powered fishing vessel as specified in the following items is intended without operating its conversion:
(1) Powered fishing vessel of over 15 meters in length;
(2) Powered fishing vessel of under 15 meters in length used for the fisheries for which the permission of the Minister of Agriculture and Forestry is needed in accordance with the provisions of the Ordinance issued under the provision of Article 65 of the Fisheries Law (Law No.267 of 1949);
(3) Powered fishing vessel other than those mentioned in the preceding two items.
2 Besides the cases mentioned in the preceding paragraph, any person who intends to construct any powered fishing vessel as specified in each item of the same paragraph or to convert a vessel to any powered fishing vessel as specified in each item of the same paragraph shall be the same as in the same paragraph.
3 Any person who intends to obtain the permission mentioned in the preceding two paragraphs shall file with the Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture concerned an application stating the following matters:
(1) Name or title and address of applicant;
(2) Name of vessel (in case of conversion or change of use, name of vessel before and after conversion or change of use);
(3) Type of fisheries or use, operation area and main home port (in case of conversion, type of fisheries or use, operation area and main home port before and after conversion);
(4) Designed gross tonnage (in case of conversion, gross tonnage before conversion and designed gross tonnage after conversion;in case of change of use, gross tonnage);
(5) Length, breadth and depth of vessel (in case of conversion, length, breadth and depth before and after conversion);
(6) Type of construction (wooden or steel);
(7) Name and location of shipyard where construction or conversion is operated;
(8) Type and horse power of propulsion engine, and number and diameter of cylinders (in case of conversion, type and horse power of propulsion engine, and number and diameter of cylinders, before and after conversion);
(9) Name and location of maker of propulsion engine;
(10) Scheduled date of commencement of construction, launching and completion;or scheduled date of commencement and completion of conversion works;or scheduled date of change of use;
(11) Expenses required for construction, conversion or change of use, and outline of method of raising such funds;
(12) Reasons for the necessity of such construction, conversion or change of use.
4 The Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture may cause the applicant mentioned in paragraph 1 or 2 to submit any plan, specifications or other documents necessary for the permission mentioned in paragraph 1 or 2.
5 In cases where the application mentioned in paragraph 3 has been filed, the Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture concerned shall, within two months after the receipt of the application, excluding the period required for the inquiry made relative to the permission mentioned in paragraph 1 or 2, give the applicant a notification of the result of his application.
6 In cases where the Governor of To, Do, Fu or prefecture has granted the permission mentioned in paragraph 1 or 2, he shall make report thereon to the Minister of Agriculture and Forestry.
7 In cases where any person who was granted the permission mentioned in paragraph 1 or 2 intends to alter any of the matters as specified in items (3) to (8) inclusive of paragraph 3 relating to the construction, conversion or change of use permitted, he shall obtain permission for such alteration from the administrative office which has granted such permission.
8 The provisions of paragraphs 4 to 6 inclusive shall apply with the necessary modifications to the case mentioned in the preceding paragraph.
9 In cases where any person who was granted the permission mentioned in paragraph 1 or 2 has carried out any alteration in any of the matters as specified in paragraph 3 items (1), (2) and (9) to (11) incusive relating to the construction, conversion or change of use permitted, he shall give notice thereof without delay to the administrative office which has granted such permission.
(Standard of Permission)
Article 4. The Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture shall, except for the cases coming under any of the following items, grant the permission mentioned in paragraph 1 or 2 of the preceding Article:
(1) In cases where the Minister of Agriculture and Forestry has, upon hearing the opinion of the Central Fisheries Adjustment Council set up in accordance with the provision of Article 112 of the Fisheries Law, determined the maximum limit of the total number of the powered fishing vessels or the gross tonnage thereof to be used for fisheries (including the operation of transporting fish catch or fisheries products from fishing grounds;hereinafter the same in this item) by type of fisheries, by operation areas, by areas of To, Do, Fu or prefecture to which their home ports belong or by type of powered fishing vessels, if the permission for the application mentioned in paragraph 1 or 2 of the preceding Article causes the number or gross tonnage of the powered fishing vessels used for the fisheries to surpass such maximum limit;
(2) In cases where the Minister of Agriculture and Forestry has, upon hearing the opinion of the Central Fisheries Adjustment Council, determined the standard of the capacity of powered fishing vessels by types of fisheries or operation areas, if the capacity of any fishing vessel applied for does not come up to such standard;
(3) In cases where the fishery operated by any powered fishing vessel applied for comes under any of the designated high sea fisheries mentioned in Article 52 of the Fisheries Law or any of the fisheries for which the licence is needed under the Ordinance issued under the provision of Article 65 of the same Law and any authorization for commencing fisheries operation is needed under the Ordinance issued under the provision of Article 54 or Article 65 of the same Law, if no authorization for commencing fisheries operation is granted for the fishery;
(4) If any construction or conversion applied for is deemed to be remarkably unfit for the technical capacity of the shipyard or the propulsion engine maker;
(5) If the raising of the expenses required for the construction, conversion or change of use applied for is deemed to be remarkably difficult.
(Loss of Effect of Permission)
Article 5. In cases where it comes under any of the following items, any permission mentioned in Article 3 paragraph 1 or 2 shall lose its effect:
(1) In case of any permission for construction, if the construction is not completed within one year following the day of that permission;
(2) In case of any permission for conversion, if the conversion work is not completed within six months following the day of that permission;
(3) In case of any permission for change of use, if the use is not commenced by that change of use within two months following the day of that permission;
(4) In cases where the fishery operated by the fishing vessel permitted comes under any of the fisheries mentioned in item (3) of the preceding Article and the authorization for commencing fisheries operation mentioned in the same item is needed for that fishery, if the authorization for commencing such fisheries operation is cancelled.
2 The Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture may, under inevitable circumstances, prolong the periods of time mentioned in items (1) to (3) inclusive of the preceding paragraph, by the application of any person who has obtained the permission mentioned in Article 3 paragraph 1 or 2.
(Cancellation of Permission)
Article 6. In cases where any person who obtained the permission mentioned in Article 3 paragraph 1 or 2 has violated the provision of paragraph 7 of the same Article, the Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture may cancel the permission.
2 In cases where the Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture intends to carry out the cancellation as prescribed in the preceding paragraph, he shall give the person concerned a previous notice thereof through document stating the reason for the cancellation as well as the date and place of the hearing to be held and give the said person or his proxy the opportunity to explain himself at the public hearing and produce favorable evidence.
(Reporting)
Article 7. Any person who obtained the permission mentioned in Article 3 paragraph 1 or 2 shall, as provided for by Ministerial Ordinance, make report to the administrative office from which the permission was obtained, upon the situations of works for the construction or conversion, or the commencement of use by the change of use permitted.
(Exception to Application of Temporary Vessel Control Law)
Article 8. With regard to any construction and conversion of fishing vessels and any conversion of vessels to fishing vessels, any permission of the Minister of Transportation as prescribed in the Ordinance issued under the provision of Article 8 of the Temporary Vessel Control Law (Law No.93 of 1937) shall not be needed. However, this shall not apply to any fishing vessel as specified in the following items:
(1) Mothership used for floating factory fisheries (which mean fisheries operated by mothership equipped with manufacturing, cold storing or other processing facilities and attached fishing vessels);
(2) Powered fishing vessel used for whaling (which means fishery operated by means of harpoon gun to take baleen whale or sperm whale except mink whale);
(3) Powered fishing vessel used for trawler fisheries (which mean fisheries operated by means of otter trawls or beam trawls);
(4) Powered fishing vessel used for the exclusive purpose of transporting the fish catch or fisheries products therefrom by the fisheries mentioned in the preceding two items from fishing grounds.