Law for Partial Amendments to the Fisheries Law and Others
法令番号: 法律第93号
公布年月日: 昭和26年3月31日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Fisheries Law and Others.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-sixth year of Showa (March 31, 1951)
Prime Minister YOSHIDA Shigeru
Law No.93
Law for Partial Amendments to the Fisheries Law and Others
Article 1. The Fisheries Law (Law No.267 of 1949) shall be partially amended as follows:
In Article 6 paragraph 3 item (1), next to "where the main net is fixed" , "(excluding small set-net (masuami) fishery in the Seto Inland Sea (the sea waters as prescribed in Article 109 paragraph 2))" shall be added.
In the heading of Article 28, next to "by Inheritance" , "or Amalgamation of Juridical Persons" shall be added and in Article 28 paragraph 1, next to "by inheritance" , "or amalgamation of juridical persons" shall be added.
Next to Article 42, the following one Article shall be added:
(Eligibility to Common-of-Piscary Right)
Article 42-(2). Any person other than Fishermen's Cooperative Associations and Federations of Fishermen's Cooperative Associations may not be eligible to common-of-piscary right.
In Article 43 paragraph 2, "inheritance and transfer" shall be amended as "transfer or acquisition by amalgamation of juridical persons" .
In Article 65 paragraph 3, "or minor fine" shall be amended as "or minor fine, or both of them" ;and paragraph 7 of the same Article shall be amended as follows:
7 In case the governor of To, Do, Fu or prefecture intends to stipulate any regulations as mentioned in paragraph 1, he must, in case they are concerned with the matters in any sea waters as prescribed in Article 84 paragraph 1, hear the opinion of the United Sea-area Fisheries Adjustment Commission set up in a sea-area which unites the sphere of all the sea-areas as determined in the sea waters along the sphere of that To, Do, Fu or prefecture (in case the number of the sea-areas as determined in the sea waters along the sphere of that To, Do, Fu or prefecture is one, the Seaarea Fisheries Adjustment Commission in that sea-area), and in case they are concerned with the matters in any inland waters as prescribed in Article 127, hear the opinion of the Inland Waters Fishing Ground Administration Commission.
To Article 69, the following proviso shall be added:
However, this shall not apply to cases where they are taken or gathered in the inland waters as prescribed in Article 127 purposes of investigation and research, obtaining the permission of the competent Minister thereof.
In Article 78 paragraph 1, "shall demand the person to pay the same and collect the demanding fee and arrears thereof." shall be amended as "must demand the person to pay the same by a document fixing the period of its payment." ;paragraph 3 of the same Article shall be made paragraph 5;in paragraph 2 of the same Article, "the preceding paragraph" shall be amended as "the preceding two paragraphs" ;the same paragraph shall be made paragraph 4;and next to paragraph 1 of the same Article, the following two paragraphs shall be added:
2 In case the Government has demanded payment in accordance with the provision of the preceding paragraph, it shall collect ten yen as the charge.
3 After the demand was made in accordance with the provision of paragraph 1, in case the person has failed to pay out his right fee or licence fee by the fixed period stated in the demand note, the amount of money calculated by multiplying the number of the days from the day following the fixed period stated in the demand note to the day of payment of the right fee or licence fee by the rate of 4 sen per diem for 100 yen of the right fee or licence fee in arrears shall be collected from him as arrearage charge.
In Article 79, "the National Taxes as well as the demanding fee, arrears and the fee of disposition for the recovery of taxes in arrears" shall be amended as "the national taxes and the local taxes" .
In Article 80, "Article 4-(7)(Dispatch of Documents), Article 4-(8)(Dispatch of Notices) and Article 9 paragraphs 2 to 6 inclusive (Demanding Fee and Arrears) of the Law for Assessment of National Taxes (Law No.21 of 1897) shall apply mutatis mutandis" shall be amended as "Article 4-(9)(Dispatch of Documents), Article 4-(10)(Dispatch of Notices) and Article 9 paragraphs 4 to 10 inclusive (Collection of Delinquent Additional Tax) of the Law for Assessment of National Taxes (Law No.21 of 1897) shall apply mutatis mutandis. In this case, in these Articles," delinquent additional tax "shall read" arrears".
In Article 89 paragraph 1, "as of February 1 every year" shall be amended as "as of September 15 every year" and the latter part of paragraph 5 of the same Article and the table of the same paragraph shall be deleted.
In Article 94, next to "The provisions of" , "Article 8 (Special Case relating to Special Area)" shall be added;and next to "Article 38 paragraph 4" , ", Article 40" shall be added;and "proviso to paragraph 10 and paragraph 12" shall be amended as "proviso to paragraph 10" ; "210 and 212" as "210,212 and 216" ; "and Chapter XVI" as ", Chapter XVI" ; "Article 235" as "Article 235 paragraph 2" ;and next to "Article 253 paragraph 1)" , ", Article 270-(2)(Time of Reporting relating to Election, etc.) and Article 272 (Order relating to Enforcement, etc.) as well as paragraph 4 and paragraph 5 of the Supplementary Provisions of the Public Offices Election Law" shall be added.
In Article 97 paragraph 1, "Article 11 of the Public Offices Election Law or Article 252 of the same Law" shall be amended as "Article 87 paragraph 1 item (2) or Article 252 of the Public Offices Election Law which applies mutatis mutandis in Article 94" .
In Article 132, "Article 96 (Restriction on Resignation of Commissioners)" shall be amended as "Article 95 (Prohibition of Concurrent Office), Article 96 (Restriction on Resignation of Commissioners)" .
Article 2. The Enforcement Law for the Fisheries Law (Law No.268 of 1949) shall be partially amended as follows:
In Article 1 paragraph 2, "In case the time of existence of fishery rights has been determined by specifying the areas and kinds thereof by a Cabinet Order" , shall be amended as "In case the governor of To, Do, Fu or prefecture has determined fishery rights and designated the time of their expiration in accordance with what may be determined by a Cabinet Order," .
In Article 10 paragraph 5, "the persons as prescribed in the preceding Article" shall be amended as "the persons as prescribed in Article 9 (in cases where public notice has been given before the expiration of fishery rights, the persons who own fishery rights or other rights to be compensated;hereinafter the same)" .
Supplementary Provision:
This Law shall come into force as from April 1, 1951.
Minister of Agriculture and Forestry HIROKAWA Kozen
Prime Minister YOSHIDA Shigeru