I hereby promulgate the Law for Partial Amendments to the Fishing Port Law.
Signed:HIROHITO, Seal of the Emperor
This seventeenth day of the twelfth month of the twenty-sixth year of Showa (December 17, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Fishing Port Law
The Fishing Port Law (Law No.137 of 1950) shall be partially amended as follows:
In Article 3 item (1), "sand groins" shall be amended as "sand groins, sea-water dike" ;and "locks, levees and seashore levees" as "locks, levees and seashore levees, embankments, quays and breastworks" .
In Article 20 paragraph 2, "75% or 60%" shall be amended as "75% for contour facilities and water facilities, and 60% for mooring facilities," .
The following one Article shall be added next to Article 20:
(Shares of Repair and Construction Expenses for Fishing Port Facilities Having Additional Use)
Article 20-(2). In case any facilities of a fishing port are also used for the benefit of a structure not belonging to the fishing port, the shares of the repair and construction expenses therefor shall be determined after consultation between the operator of fishing port repair and construction work and the person having charge of such structure.
The following three Articles shall be added next to Article 24:
(Settlement of Account for Fishing Port Repair and Construction Work)
Article 24-(2). When a person who received from the State any expenses or subsidy under the provision of Article 20 paragraph 2, 3 or 4 has done the fishing port repair and construction work which requires such expenses or subsidy, he shall settle the account for the work without delay, and obtain the recognition of the Minister of Agriculture and Forestry for the completion of the work.
(Disposition of Surplus)
Article 24-(3). A person who received from the State any expenses or subsidy under the provision of Article 20 paragraph 2, 3 or 4 shall, when there is a surplus in the final account for the fishing port repair and construction work which requires such expenses or subsidy, return to the State without delay an amount corresponding to the rate of the State borne expenses or its subsidy out of such surplus.
(Return of Expenses or Subsidy Received, etc.)
Article 24-(4). When a person who is to receive or has received from the State any expenses or subsidy under the provision of Article 20 paragraph 2, 3 or 4 falls under any of the following items, the Minister of Agriculture and Forestry may not give him the whole or a part of such expenses or subsidy or may order him to return it:
(1) When the permission for alteration, abandonment or suspension prescribed in Article 22 paragraph 1 is obtained;
(2) When the instructions prescribed in Article 23 paragraph 1 are violated;
(3) When the alteration, abandonment or suspension is ordered under the provision of Article 23 paragraph 2;
(4) When the permission is cancelled under the provision of Article 23 paragraph 3;
(5) When any expenses or subsidy received are used for purposes other than those for which they have been given.
In Article 25 paragraph 4, "to carry out any designation of the fishing port management body in accordance with the provision of paragraph 1, or" shall be deleted.
In Article 26, there shall be added the following: "And besides it shall conduct such investigations and researches, and prepare such statistical data, as are necessary for the development of the fishing port." .
Article 28 paragraph 4 item (1) shall be amended as follows: (1) Persons appointed by the fishing port management body from among those who have their residences or operation places within the area of the city, town or village in which the fishing port is located;who operate fisheries by fishing vessel, or engage in gathering, taking or culturing aquatic animals and plants by fishing vessel on behalf of fisheries operators, over ninety days in a year;and who have been recommended by the mayor of the city, town or village in which the fishing port is located, after his obtaining the views of the fisheries cooperative association concerned:.........7 persons. In paragraph 5 of the same Article, "elected by cooptation or" shall be deleted;and paragraph 9 of the same Article shall be deleted.
The heading of Article 30 shall be amended as "(Removal of Committee Members);paragraphs 1 and 2 of the same Article shall be deleted;in paragraph 3 of the same Article," other than those mentioned in Article 28 paragraph 4 item (1)"shall be deleted, and the same paragraph be made paragraph 1;and paragraph 4 of the same Article shall be made paragraph 2.
In Article 31 paragraph 1, "and the preceding Article" shall be deleted.
In the Supplementary Provisions, paragraph 4 shall made paragraph 5;paragraphs 2 and 3 shall be moved down by one each;and the following one paragraph shall be added next to paragraph 1:
2 In case fishing port repair and construction work is operated in Hokkaido by any person other than the State, the rate prescribed in Article 20 paragraph 2 or 3 shall not be observed with respect to basic facilities (except mooring facilities in type 4 fishing port) for the time being;and the State shall bear, or give a subsidy covering, the total expenses for the repair and construction of contour facilities or water facilities, and 75 per cent of the expenses for the repair and construction of mooring facilities, according to the classification of type 3 and type 4 fishing ports, or type 1 and type 2 fishing ports. In such case, "the preceding 2 paragraphs" in Article 20 paragraph 4 shall read "the preceding two paragraphs or paragraph 2 of the Supplementary Provisions" ; "paragraph 2 or 3" in paragraph 5 of the same Article shall read "paragraph 2 or 3, or paragraph 2 of the Supplementary Provisions" ;and "Article 20 paragraph 2, 3 or 4" in Article 24-(2), Article 24-(3) and Article 24-(4) shall read "Article 20 paragraph 2, 3 or 4 or paragraph 2 of the Supplementary Provisions" .
Supplementary Provision:
This Law shall come into force as from the day of its promulgation. However, the provisions amending Article 20 paragraph 2 and the Supplementary Provisions shall come into force as from April 1, 1952.