Law for Partial Amendments to the Game Law
法令番号: 法律第217号
公布年月日: 昭和25年5月31日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Game Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-fifth year of Showa (May 31, 1950)
Prime Minister YOSHIDA Shigeru
Law No.217
Law for Partial Amendments to the Game Law
The Game Law (Law No.32 of 1918) shall be partially amended as follows:
"The competent Minister" shall be amended as "the Minister of Agricuture and Forestry" , and "order" as "Ministerial Ordinance" .
Article 1 paragraph 3 shall be amended as follows:
The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture may, if he deems it necessary for protection and propagation of game bird and game animal, prohibit or place restrictions on taking of the same by designating type of game bird and game animal, area period or meams of hunting.
The following two paragraphs shall be added next to Article 1 paragraph 3:
The Ministrter of Agriculture and Forestry or governor of To, Do, Fu or prefecture shall, if he intends to designate type of game bird and game animal in accordance with the provision of paragraph 2 or to prohibit or place restrictions on taking of the same in accordance with the provision of the preceding paragraph, hold beforehand a public hearing to hear opinion of interested parties and person of learning and experience.
Government of To, Do, Fu or prefecture shall receive prior approval of the Minister of Agriculture and Forestry in case he intends to prohibit or place restrictions in accordance with the provision of paragraph 3.
The text of Article 3 shall be amended as follows:
No person shall take game bird and game animal unless he has received either hunting permit from governor of To, Do, Fu or prefecture in case of using a shotgun (exclusive of air gun), net, trap and any other hunting gears designated by the Minister of Agriculture and Forestry, or hunting registration by governor of To, Do, Fu or prfeecture in case of using an air gun designated by the Minister of Agriculture and Forestry.
Article 4 shall be amended as follows:
Article 4. Governor of To, Do, Fu or prefecture shall, in case he has received any application for hunting permit or hunting registration from any person, grant permit or registration without delay, except the case where applicant comes under the provision of Article 7 paragraph 1 or 2.
In Article 5 paragraph 2, next to "shotgun" , "(exclusive of air gun)" shall be added;in paragraph 3 of the same Article, next to "hunting permit" , "and hunting registration card" shall be added;in paragraph 4 of the same Article, "specific" shall be deleted;in paragraph 5 of the same Article, "No hunting shall be made" shall be amended as "No game bird nor game animal shall be taken" ;and the following one paragraph shall be added next to paragraph 2 of the same Article:
Hunting registration card shall be delivered to those who have received hunting registration.
In Article 6, "a fine" shall be amended as "a fine or a heavier punishment" , "one year or over has elapsed since that time" shall be amended as "two years or mors have elapsed from the date of the completion of his punishment or from the date on which he has been released from the execution of his punishment" ;and, next to "hunting permit" , "and hunting registration" shall be added.
In Article 7 paragraph 2, next to "hunting permit B" , "or hunting registration" shall be added;next to "permission" , or registration "shall be added;" local governor "shall be amended as" governor of To, Do, Fu or prefercture";and the following one paragraph shall be added nxet to paragraph 1 of the same Article:
No person under eighteen years of age, idiot or lunatic shall receive hunting registration.
Article 8 shall be amended as follows:
Article 8. Any person receiving hunting permit or hunting registration shall pay off such fee as may be fixed by Ministerial Ordiance not in excess of \500.
The following one Article shall be added next to Article 8:
Article 8-(2). The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture may establish a bird and animal protection area in accordance with what may be provided for by Ministerial Ordinance, if it is especially necessary to do so for protection and propagation of bird and animal.
The provisions of Article 1 paragraphs 4 and 5 shall apply mutatis mutandis to any case as referred to in the preceding paragraph.
No person entitled to an ownership or any other right pertaining to land, standing tree or bamboo within the limits of a bird and animal protection area shall refuse that the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture establishes such facilities as used for nest-making, water-supplying, feeding, etc. necessary for growth and propagation of bird and animal to the land, standing tree or bamboo concerned.
Any person intending to perform such conducts as reclamation work or draining project of seashore or inland waters, cutting work of standing tree or bamboo to establishing work of structure within the limits of a bird and animal protection area shall obtain the approval either of the Minister of Agriculture and Forestry or of governer of To, Do, Fu or prefecture;however, this shall not apply to any act which may be recognized in general as compatible with protection and propagation of bird and animal and be designated by the Minister of Agriculture and Forestry.
Neither Minister of Agriculture and Forestry nor governor of To, Do, Fu or prefecture shall, upon receipt of any application for approval under the provision of the preceding paragraph, reject it unless there exists sufficient reason that such conduct as stated in the above application is deemed incompatible with protection and propagation of bird and animal within the limits of the bird and animal protection area concerned.
The State or To, Do, Fu or prefecture shall be subject to compensation for usual loss to those who have suffered a loss from establishment of facilities under the provision of paragraph 3, or to those who have suffered a loss from impossibility of getting approval under the provision of paragraph 4.
Any person who is dissatisfied with the amount of compensation in accordance with the provision of the preceding paragraph may demand the increase thereof through legal action.
In Articles 9, 10 and 12, "local governor" shall be amended as "governor of To, Do, Fu or prefecture" .
In Article 11 item 1, "Imperial Household Game Preserve" shall be amended as "Bird and animal protection area" ;in item 4 of the same Article, "Parks" shall be amended as "Parks and the like designated by the Minister of Agriculture and Forestry" .
Article 13 shall be amended as follows:
Article 13. No person shall raise, transfer or take over any bird and animal (exclusive of game bird and game animal) taken in accordance with the provision of paragraph 1 of the preceding Article except with raising permit issued by governor of To, Do, Fu or prefecture in accordance with what may be provided for by Ministeral Ordinance;however, this shall not apply to any case of raising the same within thirty days after the expiration of effective time limit as referred to in the permission under the same paragraph.
The following one Article shall be added next to Article 13:
Article 13-(2). No pheasant nor copper pheasant (inclusive of any foodstuff processed therefrom) shall not be sold;however, this shall not apply to any case approved by the Minister of Agriculture and Forestry for scientific studies, raising for the purpose of propagation. or any other special reasons.
Article 14 shall be amended as follows:
Article 14. The State or local public entities may establish a hunting area with hunting rules, subject to the approval of the Minister of Agriculture and Forestry, if it is necessary to do so for control of taking game bird and game animal in a certain area.
Any matters to be fixed by the hunting rules under the provision of the preceding paragraph shall be provided for by Ministerial Ordinace.
In case the establisher of hunting area intends to alter the hunting rules under paragraph 1, if the subjects relative to the alteration fall under the items of those provided for by Ministerial Ordinance, he shall request the approval of the Minister of Agriculture and Forestry, as provided for by Ministerial Ordinance.
No hunting area shall be established unless it is approved by those entitled to a registered right on any land within the same area.
The lasting period of hunting area shall not be more than ten years.
The Minister of Agriculture and Forestry shall give public notice of name, limits, lasting period of hunting area, and any other matters to be provided for by Ministerial Ordinance, in case he has approved establishment of hunting area.
Article 19 shall be amended as follows:
Article 19. Any person who has received hunting permit, hunting registration or approval under Article 12 paragraph 1 shall, in case he intends to take bird and animal or egg of bird, carry with himself the hunting permit, hunting registration card or license and exhibit it upon request of the official or employee concerned of the State or local public entities as well as police official or police employee or interested parties.
The following one Article shall be added next to Article 19:
Article 19-(2). The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture may let his officials or employees enter bird and animal protection area, game preserve hunting area, shops, etc. for inspection of bird, and animal, its processed products or egg of bird that are possessed by any hunter or other people.
No right or entering places for inspection as provided for in the preceding paragraph shall be construed as vested one for crime detection.
Any official or employee who enters places for inspection in accordance with the provision of paragraph 1 shall carry with himself an identity card showing his status in order to exhibit it upon request of interested parties.
The following two Articles shall be added next to Article 20:
Article 20-(2). No person shall export or import any bird and animal (inclusive of its processed products) or egg of bird designated by Ministerial Ordinance unless it is, in case of export, accompanied by a certificate issued by official concerned of the Ministry of Agriculture and Forestry certifying that the same have never been taken or collected in violation of this Law or any Ministerial Ordinance issued thereunder, and unless it is, in case of import, accompanied by a certificate issued by the government agency of country concerned certifying that the same have been taken or collected lawfully. However, this shall not apply to the case of import from a country that has no government agency eligible to certify taking or collection of bird and animal concerned.
The form or delivering procedure of the certificate as referred to in the preceding paragraph shall be provided for by Ministerial Ordinance.
Article 20-(3). The Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture may gather necessary reports for enforcement of this Law from those establishing hunting area, those, who have received hunting permit, hunting registration or approval under Article 12 paragraph 1 or those intending to export or import bird and animal (inclusive of its processed products) or egg of bird.
In Article 21 paragraph 1, "a fine not more than \500" shall be amended as "a penal servitude not exceeding one year or a fine not exceeding \50,000" ;in item (1) of the same paragraph, "or 16" shall be amended as ", 16 or 20-(2)" ;in item 2 of the same paragraph, next to "hunting permit" shall be added ", hunting registration" ;and, the same item shall be made item (3), and the following one item shall be added next to item (1) of the same paragraph:
2 A person who has made shooting within the limits of a shooting-prohibited-area;
In Article 21 paragraph 2, "criminal purpose viclating the provision of Article 3 or 15" shall be amended as "crime under the provision of item (2) or (3) of the preceding paragraph" and "owned or possessed by" shall be amended as "owned by" .
In Article 22, "a fine not more than \300" shall be amended as "a penal servitude not exceeding six months or a fine not exceeding \30,000" ;in item (1) of the same Article, "Article 5 paragraph 5" shall be amended as "Article 5 paragraph 6" and "Article 17, Article 18" as "Article 13-(2)" ;and items 3 to 5 inclusive of the same Article shall be amended as follows, and the proviso to the same Article shall be deleted:
3 A person who let others use hunting permit, hunting registration card, license under the provision of Article 12 paragraph 2 or raising permit under the provision of Article 13;
4 A person who has used hunting permit, hunting registration card, license under the provision of Article 12 paragraph 2 or raising permit under the provision of Article 13 that belongs to others.
The following one Article shall be added next to Article 22:
Article 22-(2). Any person who has contravened the provision of Article 8-(2) paragraph 3 or 4, Article 17 or 18 shall be liable to a fine not more than \30,000;however, any criminal in violation of the provision of Article 17 shall be indicted upon complaint either of occupant or of any license-holder for joint-hunting-area.
Article 23 shall be amended as follows:
Article 23. Any person who falls under any of the following items shall be liable to a fine not more than \10,000:
1 A person who has contravened the provision of Article 14 paragraph 3 or Article 19;
2 A person who has refused, obstructed or evaded such inspection by entering places as provided for in the provision of Article 19-(2) paragraph 1;
3 A person who has failed to submit report in accordance with the provision of Article 20-(3) or made false report;
4 A person who has moved, damaged, wrecked or removed any sign of bird and animal protection area, game preserve, hunting-prohibited area, hunting area or joint-hunting area, or any facilities as referred to in Article 8-(2) paragraph 3.
In Article 24, next to, "hunting permit" , ", hunting registration card" shall be added, and next to "a fine" , "or a heavier punishment" shall be added.
Article 25 shall be amended as follows:
Article 25. In case any representative of a juridical person or any proxy, employee or other worker of a juridical or natural person has acted in violation of the provisions of Articles 21 to 23 inclusive with respect to business of the juridical or natural person, the latter shall also be liable to a fine specified in each Article in addition to the punishment inflicted on the real offender;provided that this shall not apply to the juridical or natural person in case it is proved that due care and supervision has been exercised in cennection with the business of said juridical or natual person in order to prevent such violation by the proxy, employee or other worker thereof.
Supplementray Provisions:
1. The date of enforcement of this Law shall be determined by Cabinet Order within a period not exceeding sixty days reckoning from the day of its promulgation.
2. Bird and animal which are actually designated as game bird and game animal at the time of the enforcement of this Law shall be regarded as game bird and game animal designated in accordance with the provisions of Article 1 paragraph 2 and paragraph 4 after the amendment.
3. Prohibitions or restrictions on taking game bird and game animal exercised by the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture, in accordance with the provision of Article 1 paragraph 3 or Article 4 prior to the amendment, which are actually effective at the time of the enforcement of that Law, shall be regarded as prohibitions or restrictions on taking game bird and game animal exercised by the Minister of Agriculture and Forestry or governor of To, Do, Fu or prefecture, in accordance with the provisions of Article 1 paragraphs 3 to 5 inclusive after the amendment.
4. Hunting area actually existing at the time of the enforcement of this Law shall be regarded as hunting area established in accordance with the provision of Article 14 after the amendment; provided that, its lasting period shall be the remaining period of the former lasting period.
5. As for the application of the penal provisions to the acts done before the enforcement of this Law, the former provisions shall apply even after the enforcement of this Law.
Minister of Agriculture and Forestry MORI Kotaro
Prime Minister YOSHIDA Shigeru