Law for Special Measures for the Adjustment of Small Type Trawler Fisheries
法令番号: 法律第77号
公布年月日: 昭和27年4月7日
法令の形式: 法律
I hereby promulgate the Law for Special Measures for the Adjustment of Small Type Trawler Fisheries.
Signed:HIROHITO, Seal of the Emperor
This seventh day of the fourth month of the twenty-seventh year of Showa (April 7, 1952)
Prime Minister YOSHIDA Shigeru
Law No.77
Law for Special Measures for the Adjustment of Small Type Trawler Fisheries
(Purpose)
Article 1. The purpose of this Law is to prevent the exhaustion of aquatic resources and establish the order in coastal fishing grounds through reduction of the number of the vessels being used for small type trawler fisheries not later than March 31, 1956.
(Definition)
Article 2. "Small type trawler fisheries" as used in this Law shall mean the small type trawler fisheries as prescribed in Article 66-(2) paragraph 2 of the Fisheries Law (Law No.267 of 1949) and include those fisheries which are deemed to be small type trawler fisheries in accordance with the provision of paragraph 3 of the Supplementary Provisions of the Law for Partial Amendments to the Fisheries Law (Law No.309 of 1951).
(Restriction on Term of License)
Article 3. The term of any license to be granted by the governor of To, Do, Fu or prefecture not later than March 31, 1956 in accordance with the provision of Article 66-(2) shall not be more than one year.
(Determination of Maximum Limits)
Article 4. The Minister of Agriculture and Forestry shall, within three months after the enforcement of this Law and upon hearing the opinion of the Central Fisheries Adjustment Council, determine the maximum limits of the number, total gross tonnage and total horsepower of the vessels usable for small type trawler fisheries as of April 1, 1956.
2 The Minister of Agriculture and Forestry may, when he deems it necessary to do so for adjustment of the fisheries, alter the maximum limits determined in accordance with the provision of the preceding paragraph upon hearing the opinion of the Central Fisheries Adjustment Council.
3 In case where the Minister of Agriculture and Forestry has determined or altered the maximum limits in accordance with the provisions of the preceding two paragraphs, he shall give public notice thereof.
(Determination of Number, etc. of Vessels to be Reduced)
Article 5. The Minister of Agriculture and Forestry shall, upon hearing the opinion of the governor of To, Do, Fu or prefecture and the Central Fisheries Adjustment Council, determine the number, total gross tonnage and total horse-power of the vessels of each To, Do, Fu or prefecture operating small type trawler fisheries which are to be reduced in each fiscal year from 1952 to 1955 so as to make the number, total gross tonnage and total horse-power of the vessels usable for small type trawler fisheries fixed within the maximum limits as prescribed in the preceding Article not later than March 31, 1956, and give public notice thereof;and at the same time he shall give instructions therefor to the governor of To, Do, Fu or prefecture.
2 The determination mentioned in the preceding paragraph shall be made prior to the opening of the fiscal year concerned (not later than June 30, 1952, in the fiscal year 1952-53).
3 The Minister of Agriculture and Forestry may, when he deems it necessary to do so for adjustment of the fisheries, increase or decrease the number, total gross tonnage or total horse-power of the vessels determined in accordance with the provision of paragraph 1, upon hearing the opinion of the governor of To, Do, Fu or prefecture and the Central Fisheries Adjustment Council. In this case, he shall give public notice thereof and at the same time give instructions therefor to the governor of To, Do, Fu or prefecture.
(Designation of Vessels to be Reduced)
Article 6. In cases where the governor of To, Do, Fu or prefecture has received any instruction as prescribed in paragraph 1 of the preceding Article or any instruction to the effect that the number of vessels to be reduced in accordance with the provision of paragraph 3 of the same Article should be increased, he shall, within six months from the day of such instruction effected and in compliance with it, designate, in consideration of the following matters, the vessels to be reduced in that fiscal year out of the vessels being used for small type trawler fisheries operated with the license as prescribed in Article 66-(2) of the Fisheries Law and give public notice thereof, and at the same time he shall notify the owners of the vessels concerned (in case the persons operating small type trawler fisheries by means of the vessels concerned are not their owners the owners as well as such persons):
(1) Whether the person operating small type trawler fisheries by means of the vessel concerned desires to give up the fisheries by the same vessel or not;
(2) Whether the person operating small type trawler fisheries has violated laws and orders concerning the fisheries or not;
(3) The degree of dependency of the livelihood of the person operating small type trawler fisheries by means of the vessel concerned upon the fisheries;
(4) The number of the vessels being used for the fisheries by the person operating small type trawler fisheries by means of the vessel concerned;
(5) The degree of the concerted action of the person operating small type trawler fisheries by means of the vessel concerned with other fisheries being operated in the waters where he operates the fisheries and the degree of his consideration upon an all-round exploitation of the waters.
2 In cases where the governor of To, Do, Fu or prefecture intends to designate the vessels to be reduced in accordance with the provision of the preceding paragraph, he shall hear in advance the opinion of the united sea-area fisheries adjustment commission as prescribed in Article 65 paragraph 7 of the Fisheries Law and the fishermen's cooperative association or the federation of fishermen's cooperative associations concerned.
3 In cases where the governor of To, Do, Fu or prefecture has received the instruction to the effect that the number of vessels to be reduced in accordance with the provision of paragraph 3 of the preceding Article should be decreased or in the case of other necessity, he may, upon hearing the opinion of the united sea-area fisheries adjustment commission and the fishermen's cooperative association or the federation of fishermen's cooperative associations concerned as prescribed in the preceding paragraph, cancel the designation of the vessels to be reduced under the provision of paragraph 1. In this case, the provision of paragraph 1 shall apply mutatis mutandis.
4 In cases where the united sea-area fisheries adjustment commission intends to express its opinion in accordance with the provision of paragraph 2 or the preceding paragraph, it shall, giving in advance public notice of the date and place, have a public hearing and hear the opinion of the persons concerned.
(Filing of Protest)
Article 7. In cases where any person who has received the notice as prescribed in paragraph 1 of the preceding Article is not satisfied with the designation stated in the notice, he may file with the governor of To, Do, Fu or prefecture a protest against it. However, this shall not apply in cases where twenty days have elasped after the day of the public notice given in accordance with the provision of the same paragraph.
2 In cases where the governor of To, Do, Fu or prefecture has got the filing of any protest mentioned in the preceding paragraph, he shall give a decision therefor within one month after the expiration of the period of filing of the protest mentioned in the same paragraph.
(Prohibition of Granting License for Vessels to be Reduced)
Article 8. In cases where any application for the license of small type trawler fisheries as prescribed in Article 66-(2) of the Fisheries Law has been made for the vessels designated as ones to be reduced under the provision of Article 6 paragraph 1, the governor of To, Do, Fu or prefecture shall not grant any license therefor.
(Granting of Subsidies)
Article 9. The Government may, within the limits of the budgetary appropriations and in accordance with what may be determined by Cabinet Order, grant subsidies to the owners of the vessels designated as ones to be reduced under the provision of Article 6 paragraph 1 or the persons who have been operating small type trawler fisheries by means of the vessels, for the purpose of facilitating that they may use those vessels for other types of fisheries or for industries other than fishing industry.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Minister of Finance IKEDA Hayato
Minister of Agriculture and Forestry HIROKAWA Kozen
Prime Minister YOSHIDA Shigeru