Law for Partial Amendments to the Fisheries Law
法令番号: 法律第309号
公布年月日: 昭和26年12月15日
法令の形式: 法律
I hereby promulgate the Law for partial Amendments to the Fisheries Law.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the twelfth month of the twenty-sixth year of Showa (December 15, 1951)
Prime Minister YOSHIDA Shigeru
Law No.309
Law for Partial Amendments to the Fisheries Law
The Fisheries Law (Law No.267 of 1949) shall be partially amended as follows:
Next to Article 66, the following one Article shall be added:
(Prohibition of Unlicensed Medium Type Surrounding-net Fisheries, etc.)
Article 66-(2). Any medium type surrounding-net fisheries, small type trawler fisheries or drag-net fisheries-by-boat in the Seto Inland Sea must not be operated unless the license of the governor of To, Do, Fu or prefecture for each vessel is granted.
2 "Medium type surrounding-net fisheries" shall mean such fisheries as operated by means of surrounding-nets on board a ship of not less than 5 gross tons and under 60 gross tons (excluding the fisheries for which the license of the competent Minister is needed under the Ministerial Ordinance as prescribed in Article 65 paragraph 1); "small type trawler fisheries" shall mean such fisheries as operated by means of bottom drag-nets on board a powered ship of under 15 gross tons equipped with a screw propeller;and "drag-net fisheries-by-boat in the Seto Inland Seal" shall mean such fisheries as operated by means of boat drag-nets on board a powered ship of not less than 5 gross tons equipped with a screw propeller in the Seto Inland Sea (meaning the waters as prescribed in Article 109 paragraph 2).
3 The competent Minister may, when he deems it necessary to do so for purposes of fisheries adjustment, determine the maximum limits of the total number, total gross tonnage or total horsepower of the vessels in each of To, Do, Fu and prefectures for which the license mentioned in paragraph 1 may be granted;or he may designate sea-areas and determine the maximum limits of the gross tonnage or horsepower of vessels operating in such sea-areas, for which the license mentioned in the same paragraph may be granted.
4 In case the competent Minister intends to determine the maximum limits in accordance with the provision of the preceding paragraph, he must hear the opinion of the governor of To, Do, Fu or prefecture concerned and the Central Fisheries Adjustment Council therefor.
5 The governor of To, Do, Fu or prefecture must not grant the license mentioned in paragraph 1 for any vessel exceeding the maximum limits determined in accordance with the provision of paragraph 3.
In Article 138, item (6) shall be made item (7);and the following one item shall be added as item (6):
(6) Any person who has acted in violation of the provision of Article 66-(2) paragraph 1;
Supplementary Provisions:
1 The date of enforcement of this Law shall, within the period not exceeding three months reckoning from the day of its promulgation, be determined by Cabinet Order for each of the parts relating to the medium type surrounding-net fisheries, small type trawler fisheries and drag-net fisheries-by-boat in the Seto Inland Sea in its provisions.
2 Any license of surrounding-net fisheries (excluding those fisheries for which the license of the competent Minister is needed under the Ministerial Ordinance as prescribed in Article 65 paragraph 1 of the Fisheries Law) which has been granted by the governor of To, Do, Fu or prefecture based upon To, Do, Fu or prefectural regulations issued in accordance with the provision of Article 65 paragraph 1 of the same Law for vessels of not less than 5 gross tons and under 60 gross tons and is actually effective at the time of enforcement of the part relating to the medium type surrounding-net fisheries in the provisions of Article 66-(2) of the same Law shall be deemed to have been granted under the provisions of the same Article, for one year following its enforcement (with regard to the license whose validity expires before the lapse of such period, until the day of the expiration).
3 Any fisheries operated by means of bottom dragnet and by the fishing method determined by the competent Minister on board a ship equipped with a screw propeller of not less than 15 gross tons and not coming up to the gross tonnage determined by the competent Minister in the waters designated by the competent Minister shall be deemed to be small type trawler fisheries until March 31, 1954.
4 Any license of smaller trawler fisheries which has been granted by the governor of To, Do, Fu or prefecture in accordance with the provision of Article 26-(2) of the Regulations for Control of Smaller Trawler Fisheries (Ministry of Agriculture and Forestry Ordinance No.20 of 1934) for vessels of under 15 gross tons equipped with screw propellers and is actually effective at the time of enforcement of the part relating to the small type trawler fisheries in the provisions of Article 66-(2) of the Fisheries Law shall be deemed to have been granted under the provisions of the same Article, for one year following its enforcement (with regard to the license whose validity expires before the lapse of such period, until the day of the expiration).
5 With regard to the smaller trawler fisheries operated by vessels of under 15 gross tons, having actually the license from the Minister of Agriculture and Forestry under the provision of Article 1-(2) of the Regulations for Control of Smaller Trawler Fisheries at the time of enforcement of the part relating to the smaller type trawler fisheries in the provisions of Article 66-(2) of the Fisheries Law, the provision of Article 66-(2) paragraph 1 of the same Law shall not apply for one year following the enforcement of the part relating to the small type trawler fisheries in the provisions of the same Article.
6 Any license of drag-net fisheries-by-boat which has been granted by the governor of Fu or prefecture under the provisions of the Fu or prefectural regulations issued in accordance with the provision of Article 65 paragraph 1 of the Fisheries Law for vessels of not less than 5 gross tons equipped with screw propellers, having a part of the Seto Inland Sea as their operation area, and is actually effective at the time of enforcement of the part relating to the drag-net fisheries-by-boat in the Seto Inland Sea in the provisions of Article 66-(2) of the same Law shall be deemed to have been granted under the provisions of the same Article, for one year following its enforcement (with regard to the license whose validity expires before the lapse of such period, until the day of the expiration).
Minister of Agriculture and Forestry NEMOTO Ryutaro
Prime Minister YOSHIDA Shigeru