Article 4.　The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may, in case he deems it necessary for the conservation and nurture of aquatic resources, prescribe Ministerial Ordinance or Regulations on such matters as are mentioned in the following items:

2　The Ministerial Ordinance or Regulations to be prescribed under the provision of the preceding paragraph may have necessary penal provisions.

3　The penalty which may be prescribed in the penal provision mentioned in the preceding paragraph shall be penal servitude for a period not exceeding two years, a fine not exceeding fifty thousand yen, detention, a minor fine, or a combination thereof, in the case of Ministerial Ordinance;and penal servitude for a period not exceeding six months, a fine not exceeding ten thousand yen, detention, a minor fine or a combination thereof, in the case of Regulations.

4　The Ministerial Ordinance or Regulations to be prescribed under the provision of paragraph 1 may provide for the confiscation of the catch, fishing vessels, fishing gears and the aquatic animals and plants mentioned in item (6) of the same paragraph which may be owned by or in the possession of an offender;and also for the collection of the price for the whole or part of the said articles owned by the offender in case the same can not be confiscated.

5　The Minister of Agriculture and Forestry must, when he intends to prescribe the Ministerial Ordinance mentioned in paragraph 1, hear the opinion of the Central Fisheries Adjustment Council.

6　The governor of To, Do, Fu or prefecture must, when he intends to prescribe the Regulations mentioned in paragraph 1, obtain the approval of the Minister of Agriculture and Forestry.

7　The governor of To, Do, Fu or prefecture must, when he intends to prescribe the Regulations mentioned in paragraph 1, hear the opinion of the United Sea-Area Fisheries Adjustment Commission which covers all of such sea-areas as established along the coast of To, Do, Fu or prefecture concerned, if the Regulations to be prescribed pertain to an area of waters as provided for in Article 84 paragraph 1 (Establishment of Sea-Area Fisheries Adjustment Commission) of the Fisheries Law (Law No.267 of 1949)(or of the Sea-Area Fisheries Adjustment Commission concerned in case only one sea-area is established along the coast of To, Do, Fu or prefecture concerned);and the opinion of the Inland Waters Fishing Ground Administration Commission, if the Regulations to be prescribed pertain to the inland waters as provided for in Article 127 (Grant of Type 5 Common Fishery in Inland Waters) of the same Law.

8　The Minister of Agriculture and Forestry shall before-hand consult with the Minister of Construction in case he intends to determine or authorize the Ministerial Ordinance or Regulations concerning the matters mentioned in paragraph 1 item (4) or item (5) which are related to the river (including stream, water or river whereto the River Law (Law No.71 of 1896) shall apply mutatis mutandis under the provision of Article 5 (River Whereto the Same Law Shall Apply Mutatis Mutandis) of the same Law;hereinafter referred to as "rivers, etc." ) provided for in Article 1 (River Whereto the Same Law Shall Apply) of the same Law or to the land (hereinafter referred to as "designated land" ) designated by the competent Minister under the provision of Article 2 (Designated Land) of the Sand Defence Law (Law No.29 of 1897).

9　The Minister of Agriculture and Forestry shall beforehand consult with the Minister of International Trade and Industry, in case he intends to determine or authorize the Ministerial Ordinance or Regulations concerning the matters mentioned in paragraph 1 item (4).

Article 5.　No aquatic animals or plants must be gathered or taken by using explosives. However, this shall not apply to hunting of sea-mammals.

Article 6.　No aquatic animals or plants must be gathered or taken by using poisonous substance which may tend to stupefy or kill them. However, this shall not apply to the gathering or taking in the inland waters as provided for in Article 127 of the Fisheries Law which is conducted with the permission of the Minister of Agriculture and Forestry for purposes of investigation and research.

Article 7.　No aquatic animals or plants which have been gathered or taken in violation of the provisions of the preceding two Articles must be sold or kept in possession.

Article 8.　The provisions of Article 4 to the preceding Article inclusive and the penal provisions relating thereto may be made applicable by Cabinet Order to the waters which are not subject to public use but connected with those subject to public use or with the waters mentioned in Article 3.

Article 9.　The Minister of Agriculture and Forestry may, when he deems it necessary for the conservation of aquatic resources, determine by Ministerial Ordinance the maximum number of fishing vessels (hereinafter referred to as "the prescribed number" ) which may be employed in each type of fishery and in each area, in reference to the designated deep-sea fisheries mentioned in Article 52 (Designated Deep-Sea Fisheries) of the Fisheries Law, or to those fisheries for which the licence of the Minister of Agriculture and Forestry is needed under the provisions of the Ministerial Ordinances issued in accordance with the provisions of Article 65 paragraph 1 (Ordinances concerning Fisheries Adjustment) of the same Law and Article 4 of this Law.

2　The Minister of Agriculture and Forestry must, in determining the prescribed number mentioned in the preceding paragraph, take a general view of the current conditions of aquatic resources, the number of persons actually operating the relative fisheries and other natural and social conditions.

3　The Minister of Agriculture and Forestry must, when he intends to determine the prescribed number, hear the opinion of the Central Fisheries Adjustment Council.

Article 10.　If, at the time of determination of the prescribed number as provided for in the preceding Article, the number of fishing vessels which have received the licences for operating fisheries (including authorizations for commencing fishing operations;hereinafter the same) in the relative type of fisheries and in the relative water area, exceeds the prescribed number, the Minister of Agriculture and Forestry must designate, in reference to the fishing vessels which are in excess, the date of cancelling the licence in regard to the relative fisheries, or the operation area of the fisheries to be altered and the date of such alteration, in accordance with the standards to be established by Ministerial Ordinance in consideration of the matters mentioned in the following items:

2　The Minister of Agriculture and Forestry must, when he intends to determine the standards mentioned in the preceding paragraph, hear the opinion of the Central Fisheries Adjustment Council.

3　The Minister of Agriculture and Forestry may, when he deems it necessary in making the designation as provided for in paragraph 1, designate, in reference to fishing vessels licensed in the relative type of fisheries and in the relative water area but not designated under the provision of the same paragraph, the operation area to be altered for such fishing vessels and the date of such alteration.

4　The designation as prescribed in paragraph 1 or the preceding paragraph shall be made by Notification.

5　When the Notification mentioned in the preceding paragraph has been made, the licence in reference to the relative fisheries shall be regarded as having been cancelled, or the authorized operation area, as having been altered, on the designated date, irrespective of the term of validity thereof.

6　The designation as prescribed in paragraph 1 or 3 must be made within the limits that the total amount of the compensation as prescribed in the following Article, which shall be made for such designation, does not exceed the amount of the budgetary appropriations decided by the Diet.

Article 11.　The Government must give compensation for the loss incurred by the cancellation of licences or the alteration of operation areas as prescribed in paragraph 5 of the preceding Article, to the person who has been subjected to such measure.

2　Losses compensable under the provision of the preceding paragraph shall be those incurred under normal conditions by the measures mentioned in the same paragraph.

3　The amount of compensation mentioned in the preceding paragraph shall be determined and notified by the Minister of Agriculture and Forestry, after hearing the opinion of the Central Fisheries Adjustment Council.

4　Methods of paying compensation shall be provided for by Cabinet Order.

5　Any person who is dissatisfied with the amount of compensation notified in accordance with the provision of paragraph 3 may request the increase of such amount by a law-suit within a period of ninety days from the day of notification.

6　The defendant in the lawsuit mentioned in the preceding paragraph shall be the State.

Article 12.　Any person who has been subjected to the cancellation of licence under the provision of Article 10 paragraph 5 must pay out of the compensation paid to him such amount as shall be determined by Ministerial Ordinance to the persons who were the crew of the licensed fishing vessels and to those who were shore operators for such fishing vessels on the day of the notification mentioned in paragraph 4 of the same Article.

Article 13.　With regard to the designated deep-sea fisheries mentioned in Article 52 of the Fisheries Law or to those fisheries which are subject to the permission of the Minister of Agriculture and Forestry under the provisions of the Ministerial Ordinances prescribed in Article 65 paragraph 1 of the same Law and Article 4 of this Law, the Minister of Agriculture and Forestry may, when he deems it necessary for the conservation of aquatic resources, set a maximum limit to yearly fish catch (hereinafter referred to as "limit to fish catch" ) according to types of fisheries or kinds of fish catches and divisions of water areas and advise the persons concerned or their organization to take measures not to take fish beyond such limit.

2　The Minister of Agriculture and Forestry must, when he intends to set a limit to fish catch as mentioned in the preceding paragraph, hear the opinion of the Central Fisheries Adjustment Council.

Article 14.　A "protected area of waters" in this Law shall mean an area of waters which is suitable for spawning by aquatic animals, development of young fish, or growth of seeds or seedlings of aquatic animals or plants and which is designated by the Minister of Agriculture and Forestry as an area in which necessary measures must be taken for the conservation and nurture of aquatic animals or plants.

Article 15.　A protected area of waters shall be designated by the Minister of Agriculture and Forestry in response to the application from the governor of To, Do, Fu or prefecture, and according to the standards established by the Minister of Agriculture and Forestry after hearing the opinion of the Central Fisheries Adjustment Council.

2　The governor of To, Do, Fu or prefecture must, when he intends to apply for the designation mentioned in the preceding paragraph, file an application stating the protected area of waters and the reasons for which the designation thereof is required, together with a plan for administration of such protected area of waters as provided for in Article 17 paragraph 1.

3　The governor of To, Do, Fu or prefecture must, when he intends to apply for the designation mentioned in paragraph 1, hear the opinion, in regard to such application for designation and the administration plan mentioned in the preceding paragraph, of the Sea-Area Fisheries Adjustment Commission formed for the sea-area which embraces the protected area of waters of which he intends to apply for the designation, if such protected area of waters constitutes a part of the sea-area as provided for in Article 84 paragraph 1 of the Fisheries Law;and such opinion of the Inland Waters Fishing Ground Administration Commission, if such protected area of waters constitutes a part of the inland waters as provided for in Article 127 of the same Law.

4　The Minister of Agriculture and Forestry may, in case he recognizes a special need, designate a protected area of waters in the absence of the application from the governor of To, Do, Fu or prefecture as provided for in paragraph 1, according to the standards as prescribed in the same paragraph.

5　The Minister of Agriculture and Forestry must, when he designates a protected area of waters under the provision of the preceding paragraph, determine a plan for administration of such protected area of waters as provided for in Article 17 paragraph 1.

6　The Minister of Agriculture and Forestry must, when he intends to designate a protected area of waters under the provision of paragraph 4, hear the opinion of the governor of To, Do, Fu or prefecture who has jurisdiction over the waters which embrace the protected area of waters which he intends to designate in regard to such designation and the administration plan mentioned in the preceding paragraph.

7　The provision of paragraph 3 shall apply mutatis mutandis to the case where the governor of To, Do, Fu or prefecture intends to submit his views to the Minister of Agriculture and Forestry under the provision of the preceding paragraph.

8　The designation of a protected area of waters as prescribed in paragraph 1 or 4 shall be made by the notification of such protected area of waters and the administrator thereof as provided for in Article 16.

Article 16.　A protected area of waters shall be administered by the governor of To, Do, Fu or prefecture who has jurisdiction over the waters which embrace such protected area of waters. However, in cases where the waters embracing such protected area of waters is under the jurisdiction of two or more governors or where the jurisdiction thereover is ambiguous, the Minister of Agriculture and Forestry may designate a governor who shall administer such protected area of waters or he may administer it himself.

Article 17.　In a plan for administration of a protected area of waters, there shall be prescribed at least the following matters:

2　The governor of To, Do, Fu or prefecture may, with the approval of the Minister of Agriculture and Forestry, alter the plan for administration of such protected area of waters as is administered by him. In this case, the provision of Article 15 paragraph 3 shall apply mutatis mutandis.

3　The Minister of Agriculture and Forestry may, in case he recognizes a special need, order the governor of To, Do, Fu or prefecture to alter the plan for administration of such protected area of waters as is administered by the governor. In this case, the provisions of Article 15 paragraphs 6 and 7 shall apply mutatis mutandis.

Article 18.　When, within a protected area of waters (excluding the parts related to the rivers, etc. or to the designated land or to the port area (including the area within one hundred metres outside of the same area) provided for in Article 2 paragraph 3 (Definition of Port Area) of the Port Law (Law No.218 of 1950) or water area provided for in Article 56 paragraph 1 (Port Wherein the Port Area Has Not Been Determined) of the same Law (hereinafter referred to collectively as "port area" in paragraph 4)), a person intends to carry out reclamation or dredging work or any other kind of work which alters the quantity of the running water or the water level in a waterway or river, he must obtain the permission of the governor of To, Do, Fu or prefecture or the Minister of Agriculture and Forestry, who administers such protected area of waters, in accordance with the provisions of Cabinet Order.

2　In case any works carried out without the permission mentioned in the preceding paragraph are considered to constitute a serious obstacle to the administration of the protected area of waters, the governor of To, Do, Fu or prefecture or the Minister of Agriculture and Forestry may order the operator of such works to alter them or to restore such area of waters to the original state.

3　The Minister of Construction or the local administrative agency must, in cases where he intends to carry out or to make carried out any of the works as mentioned in paragraph 1 concerning rivers, etc. or designated land or where, concerning the same works, he intends to give the permission in accordance with the provisions of Article 17 to Article 19 inclusive (Permission, etc. of Use of River) of the River Law or the permission with respect to the limitation in accordance with the provision of Article 4 (Prohibition and Limitation of Certain Acts in the Designated Land) of the Sand Defence Law, if the abovementioned works are to be carried out within a protected area of waters, consult in advance with the governor of To, Do, Fu or prefecture or the Minister of Agriculture and Forestry who administers such protected area of waters, as provided for by Cabinet Order.

4　In cases where the Minister of Transportation or Port Management Body (meaning Port Management Body provided for in Article 2 paragraph 1 (Definition of Port Management Body) of the Port Law;hereinafter the same) intends to conduct the works mentioned in paragraph 1 within the port area, or where, concerning the same works, the chief of Port Management Body wants to give the permission under the provision of Article 37 paragraph 1 (Permission of Work within Port Area) of the same Law or consent to the consultation under the provision of paragraph 3 (Special Instance concerning the Work of the State, etc. within Port Area) of the same Article, or the governor of To, Do, Fu or prefecture intends to give the permission under the provision of Article 56 paragraph 1 of the same Law or consent to the consultation under the provision of paragraph 3 (Application Mutatis Mutandis to the Port Wherein the Port Area Has Not Been Determined) of the same Article, or the chief of Port Management Body intends to exercise, in accordance with the provision of Article 58 paragraph 2 (Relation with the Reclamation of Public Owned Water Law) of the same Law, the powers of the governor of To, Do, Fu or prefecture under the provisions of the Reclamation of Public-Owned Water Law (Law No.57 of 1921), if the works concerned are to be conducted within the protected area of waters, the Minister of Transportation, the chief of Port Management Body or the governor of To, Do, Fu or prefecture must, as provided for by Cabinet Order, consult in advance with the governor of To, Do, Fu or prefecture or the Minister of Agriculture and Forestry who administers the protected area of waters concerned.

5　In case it is especially necessary for the conservation and nurture of aquatic animals and plants in the protected area of waters, the governor of To, Do, Fu or prefecture or the Minister of Agriculture and Forestry who administers the protected area of waters concerned may, as provided for by Cabinet Order, give necessary advice to the Minister of Construction or local administrative agency, or the Minister of Transportation or the chief of Port Management Body or the governor of To, Do, Fu or prefecture concerning the works mentioned in paragraph 1 or the structure instituted by the same works within the area concerned.

Article 19.　Expenses required for the administration of a protected area of waters as made by the governor of To, Do, Fu or prefecture on an administration plan, shall be defrayed by the State.

Article 20.　In order to effect propagation of salmon and trout among the fishes of anadromous nature, the Minister of Agriculture and Forestry shall enforce the artificial hatching and plantation thereof.

2　The Minister of Agriculture and Forestry must determine for every fiscal year a plan for enforcement of the artificial hatching and plantation mentioned in the preceding paragraph.

3　In the plan for the artificial hatching and plantation mentioned in the preceding paragraph, at least the following matters shall be specified:

4　The Minister of Agriculture and Forestry must, when he intends to determine the plan for the artificial hatching or plantation mentioned in paragraph 2, hear the opinion of the Central Fisheries Adjustment Council.

5　The Minister of Agriculture and Forestry may delegate a part of the affairs mentioned in paragraph 1 to the governor of To, Do, Fu or prefecture.

Article 21.　When those operating fisheries, the purpose of which is to catch salmon or trout among the fishes of anadromous nature, obtain remarkable benefits from the artificial hatching or plantation to be enforced in accordance with the provision of paragraph 1 of the preceding Article, the Minister of Agriculture and Forestry may cause them to share a part of the expenses required for the enforcement thereof.

Article 22.　The owner or occupant of a structure established in the waters where there is a passage of anadromous fish must take care of such structure in such a way that it will not obstruct the ascending of anadromous fish.

2　The Minister of Agriculture and Forestry on the governor of To, Do, Fu or prefecture may, when he deems the owner or occupant of the structure mentioned in the preceding paragraph to be negligent in the care as provided for in the same paragraph, order such person to take due care in accordance with the provision of the same paragraph.

Article 23.　The Minister of Agriculture and Forestry may restrict or prohibit the establishment of any structure within a fixed area of waters when he deems that the passage of anadromous fish is likely to be obstructed thereby.

2　The Minister of Agriculture and Forestry may, when he intends to carry out the restriction in accordance with the provision of the preceding paragraph, effect the same also by ordering a person who intends to establish the structure in question to establish the passage of anadromous fish or such facilities as will take the place of the passage in question, or, in case it is deemed considerably difficult to establish the passage of anadromous fish or such facilities as will take the place of the passage in question;to establish such facilitis or to provide such means as are necessary for propagation of anadromous fish or other species of fish in the area of waters concerned.

3　Any person who has received an order as prescribed in the preceding paragraph shall work out a plan for the ordered matters and obtain the approval for the same from the Minister of Agriculture and Forestry as provided for by Ministerial Ordinance.

Article 24.　The Minister of Agriculture and Forestry may, when he deems that any structure hinders the passage of anadromous fish, order its owner or occupant to conduct works of eliminating obstacles.

2　When the works of eliminating obstacles are ordered as provided for in the preceding paragraph, the compensation under the provision of the following paragraph must be made in its total amount within the limits of the amount appropriated therefor in the Budget which was passed by the Diet.

3　The Minister of Agriculture and Forestry must, when he has ordered the works of eliminating obstacles in accordance with the provision of paragraph 1, make a proper compensation to the person who has a right to such structure. However, in case works of eliminating obstacles are ordered in accordance with the provision of paragraph 1 to the violator of the order as provided for in Article 22 paragraph 2, the compensation shall not be made to him.

4　In case the order for works of eliminating obstacles under the provision of paragraph 1 is issued upon the application by any person interested therein, the said applicant shall make compensation provided for in the main clause of the preceding paragraph, as may be determined by the Minister of Agriculture and Forestry.

5　Any person who is dissatisfied with the amount of compensation mentioned in the preceding two paragraphs, may request the increase or reduction of such amount by a lawsuit within ninety days from the day on which he is given notice of the determination of the amount of compensation.

6　In the lawsuit mentioned in the preceding paragraph, the State shall be the defendant. However, in the case of paragraph 4, the applicant or the person who has a right to the structure shall be the defendant.

7　If, in cases where the order for the work of eliminating obstacles on a structure is issued in accordance with the provision of paragraph 1, there exists preferential right, pledge or mortgage on such structure, the Minister of Agriculture and Forestry or the said applicant under paragraph 4 must deposit the compensation money mentioned in paragraph 3 or 4, unless the person having such preferential right, pledgee or mortgagee has given notice that such deposit is dispensable.

8　The person having the preferential right, pledgee or mortgagee mentioned in the preceding paragraph may exercise his right on the compensation money deposited in accordance with the provision of the same paragraph.

Article 25.　In the inland waters as prescribed in Article 127 of the Fisheries Law, salmon among the fishes of anadromous nature is prohibited to be gathered or taken. However, this shall not apply to cases where those persons who have obtained a right for the fisheries, or been granted a licence for fisheries by the Minister of Agriculture and Forestry or by the governor of To, Do, Fu or prefecture in accordance with the provisions of Article 65 paragraph 1 of the Fisheries Law and of the Ministerial Ordinance or Regulations issued under the provisions of Article 4 of this Law gather or take salmon in accordance with such right or licence.

Article 26.　The provisions of Article 22 to the preceding Article inclusive and the penal provisions relating thereto may be made applicable by Cabinet Order to the waters which are not subject to public use but connected with those subject to public use or with the waters mentioned in Article 3.

Article 27.　A person who intends to take or gather, as a business, seeds or seedlings of aquatic animals and plants stipulated by Ministerial Ordinance for purposes of sale must notify the Minister of Agriculture and Forestry thereof. The same shall apply to the case of cessation of such business.

Article 28.　The Minister of Agriculture and Forestry may give necessary instructions, as provided for by Ministerial Ordinance, to those persons as prescribed in the preceding Article, when he deems it necessary for securing the seeds or seedlings of aquatic animals and plants as prescribed in the same Article, regarding the production and distribution of such seeds or seedlings.