Act on Regulation of Fishing Operation by Foreign Nationals

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=55
Published: 2001

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Act on Regulation of Fishing Operation by Foreign Nationals

(Purpose)

Article 1 Purpose of this Act is to provide necessary measures, in view of increased fishing operations by foreign nationals using Japanese ports and waters may have a risk of harm in maintaining normal order of Japanese fisheries, for regulating fishing operation by foreign nationals to deal with the said situation

(Definitions)

Article 2 (1) The term "Japan" as used in this Act shall mean Honshu, Hokkaido, Shikoku, Kyushu and annexed islands as provided by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.

(2) The term "fishery" as used in this Act shall mean gathering, taking or culture of aquatic plants and animals including incidental actions to fishery.

(3) The term "incidental actions to fishery" as used in this Act shall mean such actions as search and collection of fish, preservation or processing of catches, transportation of catches or their products and supply to vessels which are incidental to gathering, taking or culture of aquatic plants and animals and other equivalent actions as provided by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.

(4) The term "preparatory actions for fishery" as used in this Act shall mean an action to keep fishing gears unstowed for immediate gathering, taking or culture of aquatic plants and animals.

(5) The term "search"(tansaku) as used in this Act shall mean inhabitation research of aquatic plants and animals that contribute to their gathering, taking or culture but without actual gathering, taking or culture while the term "exploration"(tansa) shall mean such action of search that does not fall under incidental actions to fishery.

(6) The term "catches" as used in this Act shall mean catches and their products.

(7) The term "foreign fishing vessel" as used in this Act shall mean vessels other than Japanese vessels, except those designated by the Minister of Agriculture, Forestry and Fisheries, that fall under any of the following items:

(i) Vessels equipped with fishing gears

(ii) Vessels used for fishing or transportation of catches from fishing grounds in addition to the vessels listed in the preceding item.

(8) The term "Japanese port" as used in this Act shall mean those ports and harbors for which port and harbor area was publicly noticed, pursuant to the provision of paragraph 1, Article 9 of Ports and Harbors Act (Act No. 218 of 1950) including the cases where it is applied mutatis mutandis pursuant to paragraph 2, Article 33 of the said Act, and fishing ports as provided in Article 2 of Act on Development of Fishing Ports and Grounds (Act No. 137 of 1950).

(Prohibition of Fishing)

Article 3 Following persons and organization shall not engage in fishery, gathering and taking of aquatic plants and animals (excludes that fall under fishery but includes incidental actions to fishery. The same shall apply hereinafter), preparatory actions for fishing or exploration in the waters of Japan. However, this shall not apply in the cases when gathering and taking of aquatic plants and animals are minor as provided by Ordinance of the Ministry of Agriculture, Forestry and Fisheries:

(i) Those who do not possess Japanese nationality except legitimate foreign residents in Japan designated by the Minister of Agriculture, Forestry and Fisheries.

(ii) Foreign and foreign public institutions or their equivalents, or juridical person and other organizations established based on foreign laws.

(Permission for Calling)

Article 4 (1) Captains of foreign fishing vessels, including those who serve on captain's duty on their behalf, hereinafter the same shall apply, shall ask for permission of the Minister of Agriculture, Forestry and Fisheries, as provided by Ordinance of Ministry of Agriculture, Forestry and Fisheries, to call the port of Japan of the said fishing vessels except in the cases when purpose of the calling falls under any of the following actions:

(i) Actions necessary for preventing maritime disasters or ensuring safety of navigation or human life.

(ii) Landing to Japanese ports or transshipment to other vessels of catches, shipped from foreign states, limited to those with attached document as provided by Cabinet Order. Hereinafter referred to as "foreign shipped catches."

(iii) Landing of catches other than foreign shipped catches but provided by Cabinet Order as there is no risk of posing problem for preservation of normal order of Japanese fishery.

(2) Minister of Agriculture, Forestry and Fisheries shall, when application for permission set forth in the preceding paragraph is filed, except the cases where there is a risk of fishing activities by foreign fishing vessels be promoted and posing problem for preservation of normal order of Japanese fishery by the said calling, permit the preceding paragraph.

Article 4-2 Captains of foreign fishing vessels shall not, notwithstanding the provision of the preceding article, have the said foreign fishing vessels call the Japanese ports for the purpose of landing to Japan or transshipping to other vessels, of the "specified catches" which means, as provided by Cabinet Ordinance, those catches that have or likely to have a risk of harm to preservation of normal order of Japanese fishery by the landing to the Japanese ports. The same shall apply to paragraph 5 of Article 6.

(Deportation Order)

Article 5 Minister of Agriculture, Forestry and Fisheries may, in cases when captains of foreign fishing vessels have the said vessels call the Japanese ports, in violation of the provision of paragraph 1 of Article 4 or the preceding Article, order to have the said vessels deport from the said ports.

(Prohibition of Transshipping of Catches)

Article 6 (1) Captain of a foreign fishing vessel shall not transship catches from the said foreign fishing vessel to other vessels or ship from other foreign fishing vessels to the said foreign fishing vessel except foreign shipped catches, and the same shall apply to the following paragraph and paragraph 3, in the waters of Japan except waters of the Japanese ports. The same shall apply to the following paragraph.

(2) Captain of a vessel other than foreign fishing vessels shall not ship catches from foreign fishing vessels to the said vessel in the waters of Japan.

(3) Captain of a vessel other than foreign fishing vessels shall not land or transship the catches. which are shipped outside of waters of Japan from the foreign vessels to said vessel in the Japanese ports.

(4) Provisions of the preceding 3 paragraphs shall not apply when Cabinet Order provides that the case has no risk of harm to the preservation of normal order of the Japanese fishery.

(5) Captains of vessels other than foreign fishing vessels, except those provided in paragraph 1, Article 2 of Fishing Boat Act (Act No.178 of 1950), shall land the specified catches to fishing port of those provided in Article 2 of Act on Development of Fishing Ports and Grounds (Act No. 137 of 1950) even in case when such landing does not fall under the provisions of preceding two paragraphs that prohibit the landing, and shall not land the said catches to fishing port area designated by paragraph 1, Article 39 of Port and Harbor Act.

(Exclusion from Application of Administrative Procedure Act)

Article 6-2 Provisions of Chapter I and II of Administrative Procedure Act (Act No.88 of 1993) shall not be applicable to the disposition pursuant to the provision of this Act.

(Transitional Measures)

Article 6-3 In establishing or altering Cabinet Order or Ordinance of the Ministry of Agriculture, Forestry and Fisheries pursuant to the provisions of this Act, such Cabinet Order or Ordinance of the Ministry of Agriculture, Forestry and Fisheries may provide reasonably necessary transitional measures, including transitional measures for penal provision, for such establishment or alteration.

(Affairs Administered by Prefectures)

Article 7 A part of affairs for which the Minister of Agriculture, Forestry and Fisheries is competent as provided in paragraph 1, Article 4 and Article 5 may administered by Governors pursuant to the provision of Cabinet Order.

(Effectiveness of Conventions)

Article 8 Matters provided in this Act shall be governed by as otherwise provided by other conventions.

(Penal Provisions)

Article 9 (1) Any person who falls under any of the following items shall be punished by a prison sentence of not more than 3 years or fining of not more than 4,000,000 yen, or both.

(i) Any person who, in violation of the provision of Article 3.

(ii) Any captain who has had foreign fishing vessel call a port without permission as provided in paragraph 1, Article 4 in violation of the said provision.

(ii-2) Any captain who is in violation of Article 4-2.

(iii) Any captain who is in violation of Article 5.

(iv) Any captain who is in violation of provision paragraph 1 to 3 inclusive or 5, Article 6.

(2) In case of the preceding paragraph, catches, vessel or fishing gear and others used for fishery, gathering and taking of aquatic plants and animals, preparatory actions for gathering and taking or exploration that a criminal owns or possesses may be confiscated. However, in case all or a part of such objects that a criminal owns cannot be confiscated, equivalent value may be collected.

Article 10 When any representative of juridical person or juridical person, or agent of individual, employee and other worker is in violation of paragraph 1 of the preceding Article with regard to the business of the said juridical person or individual, not only the offender shall be punished but also the said juridical person or individual shall be punished by the fine prescribed in the said paragraph.

Supplementary Provision

This Act shall come into force as from the day on which 90 days from the day of promulgation have elapsed.

Supplementary Provision (Act No. 92 of June 29, 2001) (Extract)

(Effective Date)

Article 1 This Act shall come into force as from April 1, 2002.