Law for Partial Amendments to the Fishing Vessel Law
法令番号: 法律第94号
公布年月日: 昭和26年3月31日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Fishing Vessel Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-sixth year of the Showa (March 31, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.94
Law for Partial Amendments to the Fishing Vessel Law
The Fishing Vessel Law (Law No.178 of 1950) shall be partially amended as follows:
Article 3 in Chapter II shall be made Article 3-(2), and the following one Article shall be added as Article 3:
(Maximum Limit of Total Gross Tonnage of Powered Fishing Vessels and Others)
Article 3.　In cases where the Minister of Agriculture and Forestry deems it necessary to adjust the construction of fishing vessels in view of the fisheries adjustment and other public benefits, he shall determine the maximum limit of the total number or the total gross tonnage or the standard of the capacity of powered fishing vessels to be used for fisheries (including the operation of transporting fish catch or fisheries products from fishing grounds;the same in Article 4 item (1)) by areas of To, Do, Fu or prefecture to which their home ports belong or by types of powered fishing vessels.
2　The maximum limit of the total number or the total gross tonnage of powered fishing vessels as determined in accordance with the provision of the preceding paragraph shall lose its effect when one year has passed since the day of the determination. However, it shall not be precluded that the maximum limit be determined again in accordance with the provision of the same paragraph.
3　In the case of paragraph 1, he may hear the opinion of the Central Fisheries Adjustment Council set up in accordance with the provision of Article 112 of the Fisheries Law (Law No.267 of 1949) on such maximum limit or standard.
4　In cases where the Minister of Agriculture and Forestry has determined or modified the maximum limit of the total number or the total gross tonnage or the standard of the capacity mentioned in paragraph 1, he shall make notification thereof.
In Article 3-(2) paragraph 1 item (2), "(Law No.267 of 1949)" shall be deleted.
Article 3-(2) paragraphs 8 and 9 shall be made paragraphs 9 and 10, and the following one paragraph shall be added as paragraph 8:
8　In the case mentioned in the preceding paragraph, if the alteration causes the change of administrative agency which is to grant the permission mentioned in paragraph 1 or 2 relating to that construction, conversion or change of use, he shall, regardless of the provision of the preceding paragraph, obtain newly the permission as prescribed in paragraph 1 or 2.
Article 4 shall be amended as follows:
(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, 2 or 7 of the preceding Article:
(1)　In cases where the maximum limit of the total number or the total gross tonnage as prescribed in Article 3 paragraph 1 has been determined, if the permission for the application mentioned in paragraph 1, 2 or 7 of the preceding Article causes the total number or the total gross tonnage of the powered fishing vessels used for the fisheries to surpass such maximum limit;
(2)　In cases where the standard of the capacity as prescribed in Article 3 paragraph 1 has been determined, if the capacity of the powered fishing vessel applied for does not come up to such standard;
(3)　In cases where the fishery to be operated by the powered fishing vessel applied for comes under any of the fisheries for which the licence is needed in accordance with the Fisheries Law or orders issued under the same Law and at the same time the authorization for commencing fisheries operation is needed in accordance with the same Law or orders issued under the same Law, if no authorization for commencing fisheries operation is granted for the fishery;or in cases where that fishery comes under any of the fisheries for which the licence is needed in accordance with the same Law or orders issued thereunder and at the same time no authorization for commencing fisheries operation is needed in accordance with the same Law or orders issued thereunder, if the licence is not likely to be granted for the fishery.
In Article 5 paragraphs 1 and 2, "Article 3" shall be amended as "Article 3-(2)" ;in paragraph 1 item (4) of the same Article, "the fishing vessel" shall be amended as "the powered fishing vessel" , and "if the authorization for commencing such fisheries operation is cancelled." shall be amended as "if the authorization for commencing such fisheries operation loses its effect or is cancelled;or in cases where that fishery comes under any of the fisheries mentioned in item (3) of the preceding Article, if the licence under the same item is cancelled." ;the same item shall be made item (5);and the following one item shall be added as item (4) in the same paragraph:
(4)　In the case as mentioned in Article 3-(2) paragraph 8, if the permission mentioned in paragraph 1 or 2 of the same Article is newly granted;
In Article 6 paragraph 1, Article 9 paragraph 3, Article 22 paragraph 1, Article 27 paragraph 1, Article 28 paragraph 1 and Article 29, "Article 3" shall be amended as "Article 3-(2)" .
In Article 7, "Any person who obtained the permission mentioned in Article 3 paragraph 1 or 2 shall, as provided for by Ministerial Ordinance," shall be amended as "Any person who obtained the permission of the Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture in accordance with the provision of Article 3-(2) paragraph 1 or 2 shall, as provided for by Ministerial Ordinance or Regulations of To, Do, Fu or prefecture," .
Next to Article 7, the following one Article shall be added:
(Acknowledgement Conducted after Completion of Works)
Article 7-(2).　When the construction or conversion of a powered fishing vessel permitted is completed, any person who obtained the permission for the construction or conversion in accordance with the provision of Article 3-(2) shall, as provided for by Ministerial Ordinance or Regulations of To, Do, Fu or prefecture, undergo acknowledgement conducted by the Minister of Agriculture and Forestry or the Governor of To, Do, Fu or prefecture as to whether the conditions for the permission concerning the matters mentioned in Article 3-(2) paragraph 3 items (3) to (8) inclusive and the standard of the capacity are observed or not with regard to that fishing vessel. However, this shall not apply to the powered fishing vessels of less than 5 tons in designed gross tonnage.
Article 10 shall be amended as follows:
(Standard of Registration)
Article 10.　The Governor of To, Do, Fu or prefecture shall, except for the cases coming under any of the following items, conduct the registration mentioned in paragraph 1 of the preceding Article:
(1)　In cases where any fishing vessel applied for needs the permission mentioned in Article 3-(2) paragraph 1, 2 or 7, if such permission is not granted or the conditions for the permission are violated;
(2)　In cases where the fishery to be operated by the fishing vessel applied for comes under any of the fisheries mentioned in Article 4 item (3), if the authorization for commencing fisheries operation or the licence is not granted for the fishery;
(3)　In cases where the fishing vessel applied for is a powered fishing vessel which needs acknowledgement in accordance with the provision of Article 7-(2), if it has not such acknowledgement;
(4)　In cases where the fishing vessel applied for has had its registration cancelled in accordance with the provision of Article 16 item (3);
(5)　In cases where any matter stated in the application is false.
Next to Article 11, the following one Article shall be added:
(Inspection of Registration Card)
Article 11-(2).　Any person to whom a registration card has been delivered in accordance with the provision of paragragh 1 of the preceding Article or Article 14 paragraph 3 shall, when three years have passed since the day of delivery of the registration card, undergo the inspection conducted by the Governor of To, Do, Fu or prefecture concerned on the registered fishing vessel and the registration card as provided for by order. The same shall apply when three years have passed since the day of the inspection.
Article 16 shall be amended as follows:
(Cancellation of Registration)
Article 16.　In cases where any fishing vessel registered in accordance with the provision of Article 9 paragraph 1 comes under any of the following items, the Governor of To, Do, Fu or prefecture may cancel the registration of such fishing vessel. In this case, the provision of Article 6 paragraph 2 shall apply with the necessary modifications thereto:
(1)　In cases where the fishing vessel has been converted in contravention of the provision of Article 3-(2);
(2)　In cases where it has not undergone the inspection in contravention of the provision of Article 11-(2);
(3)　In cases where it is deemed to have become unfit to be used as a fishing vessel because of its superannuation, damage or other causes.
In the text of Article 19, next to "the nominal petty fees as determined by Ministerial Ordinance" , "to the government of To, Do, Fu or prefecture as provided for by Regulations of To, Do, Fu or prefecture" shall be added;in the table of the same Article,"
Applicant for registration in Article 9 paragraph 1
\2,000
" shall be amended as "
Applicant for registration in Article 9 paragraph 1
\2,000
Applicant for inspection in Article 11-(2)
\100
";and the following proviso shall be added to the same Article:
However, this shall not apply in the cases specified by Ministerial Ordinance.
In Article 20, next to "measurement of tonnage of ships" , "and marking of ships'names" shall be added;and next to the same Article, the following one Article shall be added:
(Submission of Transcription of Fishing Vessels Registry and Others)
Article 20-(2).　The Minister of Agriculture and Forestry may make the Governor of To, Do, Fu or prefecture submit the transcription of the Fishing Vessels Registry, and may require of him the statistics concerning registration and other necessary reports on the registration.
In Article 22 paragraph 4, "shall hear the opinion" shall be amended as "may hear the opinion" .
Supplementary Provisions:
1　This Law shall come into force as from April 1, 1951.
2　Any permission granted or application submitted in accordance with the provision of Article 3 of the unamended Fishing Vessel Law prior to the enforcement of this Law shall be deemed to have been granted or submitted in accordance with the provision of Article 3-(2) of the Fishing Vessel Law.
3　The maximum limit of the total gross tonnage of powered fishing vessels as determined in accordance with the provision of Article 4 item (1) of the unamended Fishing Vessel Law and the standard of the capacity of powered fishing vessels as determined in accordance with the provision of item (2) of the same Article prior to the enforcement of this Law shall be deemed to have been determined in accordance with the provision of Article 3 paragraph 1 of the Fishing Vessel Law.
4　The date of the first inspection which any person who is, at the time of enforcement of this Law, in possession of a registration card delivered in accordance with the provision of Article 11 paragraph 1 or Article 14 paragraph 3 of the Fishing Vessel Law is to undergo shall be determined by Ministerial Ordinance, regardless of the provision of Article 11-(2) of the same Law.
Prime Minister　YOSHIDA Shigeru
Minister of Agriculture and Forestry　HIROKAWA Kozen
Minister of Transportation　YAMAZAKI Takeshi