Fishing Boat Act (Tentative translation)
Chapter I General Provisions (Articles 1 and 2)
Chapter II Adjustment of the Building of Fishing Boats (Articles 3 to 9)
Chapter III Registration of Fishing Boats (Articles 10 to 24)
Chapter IV Inspections concerning Fishing Boats (Articles 25 and 26)
Chapter V Examinations concerning Fishing Boats (Articles 27 and 28)
Chapter VI Designated Certifying Agencies and Designated Validating Agencies
Section 1 Designated Certifying Agencies (Articles 29 to 45)
Section 2 Designated Validating Agency (Articles 46 and 47)
Chapter VII Miscellaneous Provisions (Articles 48 to 52)
Chapter VIII Penal Provisions (Articles 53 to 57)
Supplementary Provisions
Chapter I General Provisions
(Purpose of This Act)
Article 1 The purpose of this Act is to adjust the building of Fishing Boats, establish systems concerning the registration and inspection of Fishing Boats, and conduct examinations concerning Fishing Boats, thereby improving the performance of Fishing Boats as well as contributing to the rational enhancement of fisheries productivity.
(Definitions)
Article 2 (1) The term "Fishing Boat" as used in this Act means a Japanese boat that falls under any of the following items:
(i) a boat exclusively engaged in a fishery;
(ii) a boat exclusively engaged in a fishery and having equipment for preserving its catch or manufacturing;
(iii) a boat for exclusively transporting its catch or its product from a fishing ground; or
(iv) a boat exclusively engaged in the examination, investigation, guidance or training concerning a fishery or a boat engaged in law enforcement and having fishing equipment.
(2) The term "Powered Fishing Boat" as used in this Act means a Fishing Boat equipped with a propulsion engine.
(3) The term "Remodeling" as used in this Act means to change the length, width, or depth of a boat, to install a propulsion engine or change the type or output thereof, or to add a change to the structure or equipment of a boat for changing the usage of the boat or changing the type of fishery to be engaged in.
Chapter II Adjustment of the Building of Fishing Boats
(Maximum Limit of the Total Gross Tonnage of Powered Fishing Boats)
Article 3 (1) When the Minister of Agriculture, Forestry and Fisheries finds it necessary to adjust the building of Fishing Boats for fisheries adjustment or otherwise in the public interest, he/she shall set a maximum limit for the number or total gross tonnage of Powered Fishing Boats or standards for performance of Powered Fishing Boats that are engaged in fisheries (including the business of transporting the catch or its product from a fishing ground; the same shall apply in Article 5, item (i)) by prefecture of the base port of Powered Fishing Boats or by type of Powered Fishing Boats.
(2) The maximum limit for the number or total gross tonnage of Powered Fishing Boats set pursuant to the preceding paragraph ceases to be effective when one year has elapsed from the day on which it was set; provided, however, that this shall not preclude the Minister of Agriculture, Forestry and Fisheries from setting a further maximum limit pursuant to said paragraph.
(3) In the case referred to in paragraph (1), the Minister of Agriculture, Forestry and Fisheries may hear the opinions of the Fisheries Policy Council with regard to the maximum limit or standards.
(4) When the Minister of Agriculture, Forestry and Fisheries sets or changes the maximum limit for the number or total gross tonnage of Powered Fishing Boats or the standards for performance of Fishing Boats set forth in paragraph (1), he/she shall give public notice thereof.
(Permission for the Building, Remodeling, or Conversion)
Article 4 (1) A person who intends to build a Powered Fishing Boat (excluding one with a length of less than 10 meters; hereinafter the same shall apply in this Chapter) or Remodel a boat into a Powered Fishing Boat by placing an order with a boat manufacturer or any other person shall, if the Powered Fishing Boat falls under item (i) or (iii), obtain the permission of the Minister of Agriculture, Forestry and Fisheries, and if the Powered Fishing Boat falls under item (ii) or (iv), obtain the permission of the prefectural governor having jurisdiction over the main base port of the boat (in the case of Remodeling, the main base port of the boat after the Remodeling). The same shall apply to a person who intends to convert a boat other than a Powered Fishing Boat into a Powered Fishing Boat without Remodeling:
(i) a Powered Fishing Boat engaged in the designated fishery prescribed in Article 52, item (i) of the Fishery Act (Act No. 267 of 1949) or a fishery requiring the permission or any other disposition of the Minister of Agriculture, Forestry and Fisheries pursuant to provisions of Ordinance of the Ministry of Agriculture, Forestry and Fisheries under Article 65, paragraph (1) or (2) of said Act or Article 4, paragraph (1) or (2) of the Act on the Protection of Fishery Resources (Act No. 313 of 1951);
(ii) a Powered Fishing Boat engaged in a fishery requiring the permission or any other disposition of the prefectural governor pursuant to provisions of Rules under Article 65, paragraph (1) or (2) of the Fishery Act or Article 4, paragraph (1) or (2) of the Act on the Protection of Fishery Resources or pursuant to Article 66, paragraph (1) of the Fishery Act (excluding the Powered Fishing Boat set forth in the preceding item);
(iii) a Powered Fishing Boat other than those set forth in the preceding two items, with a gross tonnage of 20 tons or more; or
(iv) a Powered Fishing Boat other than those set forth in the preceding three items.
(2) In addition to the case referred to in the preceding paragraph, said paragraph shall also apply to a person who intends to build a Powered Fishing Boat or Remodel a boat into a Powered Fishing Boat.
(3) A person who intends to obtain the permission referred to in the preceding two paragraphs shall submit a written application stating the following matters to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor:
(i) the name and address of the applicant;
(ii) the name of the boat (in the case of Remodeling or conversion, the name of the boat before the Remodeling or conversion and that after the Remodeling or conversion);
(iii) the type of fishery or usage, the fishing area, and the main base port (in the case of Remodeling, the type of fishery or usage, the fishing area, and the main base port before the Remodeling and those after the Remodeling);
(iv) the planned gross tonnage (in the case of Remodeling, the gross tonnage before the Remodeling and the planned gross tonnage after the Remodeling, and in the case of conversion, the gross tonnage);
(v) the length, width, and depth of the boat (in the case of Remodeling, the length, width, and depth before the Remodeling and those after the Remodeling);
(vi) the hull material;
(vii) the name and location of the shipyard building or Remodeling the boat;
(viii) the type, horsepower, the number of cylinders, and cylinder diameter of the propulsion engine (in the case of Remodeling, the type, horsepower, the number of cylinders, and cylinder diameter of the propulsion engine before the Remodeling and those after the Remodeling);
(ix) the name and location of the factory manufacturing the propulsion engine;
(x) the planned dates of the keel laying, launching, and completion, the commencement and completion of the Remodeling work, or the conversion;
(xi) the outline of the cost required for the building, Remodeling, or conversion and its procurement method; and
(xii) circumstances based on which the building, Remodeling or conversion is necessary.
(4) The Minister of Agriculture, Forestry and Fisheries or the prefectural governor may require the person applying for the permission set forth in paragraph (1) or (2) to submit drawings, specification documents, or other documents necessary for the permission set forth in paragraph (1) or (2).
(5) When the written application set forth in paragraph (3) is submitted, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor shall give notice of permission or non-permission to the person making the application within two months after receiving the written application, excluding the period during which an inquiry was made with regard to the permission set forth in paragraph (1) or (2).
(6) If a person who has obtained the permission set forth in paragraph (1) or (2) intends to change any of the items set forth in paragraph (3), items (iii) through (viii) with regard to the building, Remodeling, or conversion pertaining to said permission, he/she shall obtain, from the administrative agency which had given said permission, a permission for said change.
(7) In the case referred to in the preceding paragraph, if the administrative agency which should give the permission set forth in paragraph (1) or (2) with regard to said building, Remodeling or conversion is altered due to said change, that person shall obtain a new permission under paragraph (1) or (2) notwithstanding the provisions of the preceding paragraph.
(8) In the case referred to in the preceding paragraph, the provisions of paragraphs (4) and (5) shall apply mutatis mutandis.
(9) A person who has obtained the permission set forth in paragraph (1) or (2) shall, if there is a change to any of the matters set forth in paragraph (3), items (i) and (ii), and items (ix) through (xi) with regard to the building, Remodeling, or conversion pertaining to said permission, make a report to that effect to the administrative agency which had given said permission, without delay.
(Standards for Permission)
Article 5 The Minister of Agriculture, Forestry and Fisheries or the prefectural governor shall give the permission set forth in paragraph (1), (2), or (6) of the preceding Article, except where the case falls under any of the following items:
(i) where a maximum limit for the number or total gross tonnage of Powered Fishing Boats under Article 3, paragraph (1) has been set, and as a result of giving the permission set forth in paragraph (1) or (2) of the preceding Article pertaining to the application, the number or total gross tonnage of the Powered Fishing Boats engaged in the fishery exceeds the maximum limit;
(ii) where the standards for performance under Article 3, paragraph (1) have been set, and the performance of the Powered Fishing Boat pertaining to the application does not comply with said standards; or
(iii) where the fishery in which the Powered Fishing Boat pertaining to the application engages falls under the category of fishery set forth in paragraph (1), item (i) or (ii) of the preceding Article, and it is found that an approval of business commencement has not been obtained for said fishery or that there is no likelihood that a permission or any other disposition required for said fishery will be obtained.
(Lapse of Permission)
Article 6 (1) In a case that falls under any of the following items, the permission set forth in Article 4, paragraph (1) or (2) ceases to be effective:
(i) where the permission pertains to building a boat, and the boat is not completed within one year from the date of the permission;
(ii) where the permission pertains to Remodeling, and the Remodeling work is not completed within six months from the date of the permission;
(iii) where the permission pertains to conversion, and the converted use is not commenced within two months from the date of the permission;
(iv) where, in the case referred to in Article 4, paragraph (7), a permission under paragraph (1) or (2) of said Article is newly given; or
(v) where the fishery in which the Powered Fishing Boat pertaining to the permission engages falls under the fishery set forth in Article 4, paragraph (1), item (i) or (ii), and the approval of business commencement for said fishery has lapsed or has been rescinded, or a permission or any other disposition for said fishery has been rescinded.
(2) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor finds that there are unavoidable reasons therefor, he/she may extend the period set forth in items (i) through (iii) of the preceding paragraph upon application by the person who obtained the permission set forth in Article 4, paragraph (1) or (2).
(Rescission of Permission)
Article 7 (1) When a person who obtained the permission set forth in Article 4, paragraph (1) or (2) violates the provisions of paragraph (6) of said Article, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor may rescind said permission.
(2) The proceedings on the date of the hearing pertaining to rescission of the permission under the preceding paragraph must be open to the public.
(Certification after Completion of Work)
Article 8 A person who obtains the permission for building or Remodeling pursuant to Article 4 shall, when the Powered Fishing Boat pertaining to said permission is completed or the Remodeling work is completed, obtain certification from the Minister of Agriculture, Forestry and Fisheries or the prefectural governor with regard to whether the Fishing Boat satisfies the requirements for the permission and standards for performance set forth in paragraph (3), items (iii) through (viii) of said Article, as provided for by Ordinance of the Ministry of Agriculture, Forestry and Fisheries or prefectural ordinance; provided, however, that this shall not apply to Powered Fishing Boats with a planned gross tonnage of less than 5 tons.
(Designated Certifying Agency)
Article 9 (1) The Minister of Agriculture, Forestry and Fisheries or the prefectural governor may delegate a person he/she designates (hereinafter referred to as a "Designated Certifying Agency") to perform all or part of the certification under the preceding Article (hereinafter referred to as "Certification").
(2) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor decides to delegate all or part of the operations of Certification to a Designated Certifying Agency pursuant to the preceding paragraph, he/she shall not perform all or part of the operations of Certification.
Chapter III Registration of Fishing Boats
(Registration of Fishing Boat)
Article 10 (1) A Fishing Boat (excluding a Powered Fishing Boat with a gross tonnage of less than 1 ton) may not be used as a Fishing Boat unless its owner has it registered in the fishing boat registry kept by the prefectural governor having jurisdiction over the main base port of the Fishing Boat.
(2) A person who intends to have his/her Fishing Boat registered as under the preceding paragraph shall submit a written application stating the following matters to the prefectural governor:
(i) the name and address of the applicant;
(ii) the name of the boat;
(iii) the gross tonnage;
(iv) the length, width, and depth of the boat;
(v) the hull material;
(vi) the launch date;
(vii) the name and location of the shipyard;
(viii) the type and horsepower of the propulsion engine;
(ix) the type of radio wave and antenna power;
(x) the name and address of the user of the Fishing Boat;
(xi) the main base port;
(xii) the type of fishery or usage; and
(xiii) the cause of the registration, such as the building or acquisition of a Fishing Boat.
(3) The prefectural governor may require the applicant set forth in the preceding paragraph to submit a document proving the permission set forth in Article 4, paragraph (1) or (2) (including the permission for a change set forth in paragraph (6) of said Article) and other necessary documents concerning registration.
(Standards for Registration)
Article 11 The prefectural governor shall perform the registration set forth in paragraph (1) of the preceding Article, except where the case falls under any of the following items:
(i) where the Fishing Boat pertaining to the application needs to obtain a permission pursuant to Article 4, paragraph (1), (2), or (6), but the permission has not been obtained or the Fishing Boat violates the requirements for obtaining the permission;
(ii) where the fishery in which the Fishing Boat pertaining to the application falls under the category of fishery as set forth in Article 5, item (iii), but the approval of business commencement, a permission, or any other disposition for said fishery has not been obtained;
(iii) where the Fishing Boat pertaining to the application is a Powered Fishing Boat that requires Certification pursuant to Article 8, but the Certification has not been obtained;
(iv) where the Fishing Boat pertaining to the application is one for which its registration was rescinded pursuant to Article 19, item (iii); or
(v) where any of the matters pertaining to the application is false.
(Delivery of Registration Card)
Article 12 (1) When the prefectural governor performs the registration set forth in Article 10, paragraph (1), he/she shall deliver a registration card to the applicant.
(2) When the person who receives the delivery of a registration card issued pursuant to the preceding paragraph is not the user of the Fishing Boat, that person shall deliver the registration card to the user of the Fishing Boat without delay.
(3) When the owner of a registered Fishing Boat who has lost or damaged a registration card files an application for the redelivery of the registration card, indicating the reason therefor, the prefectural governor shall deliver the registration card to the applicant.
(Validation of Registration Card)
Article 13 A person who receives the delivery of a registration card pursuant to paragraph (1) of the preceding Article or Article 17, paragraph (3) shall, when five years have passed from the date of the delivery, receive a validation from the prefectural governor with regard to the registered Fishing Boat and the registration card, as provided for by Ordinance of the Ministry of Agriculture, Forestry and Fisheries. The same shall apply when five years have passed from the date of the validation.
(Designated Validating Agency)
Article 14 (1) The prefectural governor may delegate a person he/she designates (hereinafter referred to as a "Designated Validating Agency") to perform all or part of the validation under the preceding Article (hereinafter referred to as "Validation").
(2) When the prefectural governor decides to delegate all or part of the operations of Validation to a Designated Validating Agency pursuant to the preceding paragraph, he/she shall not perform all or part of the operations of the Validation.
(Keeping of Registration Card)
Article 15 When the user of a Fishing Boat navigates or operates a Fishing Boat, he/she shall keep the registration card set forth in Article 12 on board the Fishing Boat; provided, however, that this shall not apply when there are justifiable grounds not to do so as specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Indication of Registration Number)
Article 16 When the user of a Fishing Boat receives delivery of a registration card pursuant to Article 12, paragraph (1), he/she shall indicate the registration number stated in the registration card on the Fishing Boat without delay, except in the case referred to in paragraph (2) of said Article. The same shall apply to the user of a Fishing Boat who receives delivery of a registration card pursuant to said paragraph.
(Registration of Change)
Article 17 (1) The owner of a Fishing Boat registered under Article 10, paragraph (1) shall, if there is a change to any of the matters set forth in paragraph (2), items (i) through (iv) and items (viii) through (xii) of said Article with regard to the Fishing Boat, file an application for registration of the change with the prefectural governor who had performed the registration, while indicating the reason therefor, within two weeks from the date on which the change occurred (in the case referred to in paragraph (2), the date of receiving the notice set forth in said paragraph).
(2) Where the owner of a Fishing Boat registered under Article 10, paragraph (1) is not the user of the Fishing Boat, and there is a change to any of the matters set forth in paragraph (2), items (viii) through (xii) of said Article with regard to the Fishing Boat, the user shall give notice to that effect to the owner without delay.
(3) When the application set forth in paragraph (1) is filed, the prefectural governor shall register the change in the fishing boat registry and deliver a renewed registration card, except in the cases referred to in the items of Article 11.
(Lapse of Registration)
Article 18 (1) In the following cases, the registration of a Fishing Boat ceases to be effective:
(i) where the registered Fishing Boat is no longer a Fishing Boat;
(ii) where the registered Fishing Boat has been lost, sunk, or scrapped;
(iii) where the presence or absence of the registered Fishing Boat is unknown for three months;
(iv) where the ownership of the registered Fishing Boat is transferred;
(v) where the main base port of the registered Fishing Boat is changed to a port outside the area of the prefecture under the jurisdiction of the prefectural governor who had performed the registration; or
(vi) where the owner of the registered Fishing Boat dies, has had his/her business dissolved or split up (limited to a case involving the succession of the Fishing Boat).
(2) In the case referred to in item (vi) of the preceding paragraph, if the heir, the corporation established by or surviving the merger, or the corporation succeeding to the registered Fishing Boat as a result of the split, files an application for registration pursuant to Article 10 within one month from the date of the death, dissolution, or split, until a disposition on the registration is made in response thereto, the registration performed for the decedent, the corporation dissolved by the merger, or the split corporation and the registration card delivered to such person shall remain effective, and said registration and the registration card shall be deemed to have been performed for or delivered to the applicant thereof.
(Rescission of Registration)
Article 19 When a Fishing Boat registered under Article 10, paragraph (1) falls under any of the following items, the prefectural governor may rescind the registration. In this case, the provisions of Article 7, paragraph (2) shall apply mutatis mutandis:
(i) where the Fishing Boat is Remodeled in violation of Article 4;
(ii) where the Fishing Boat fails to receive validation in violation of Article 13; or
(iii) where the Fishing Boat is found to be incapable of being used as a Fishing Boat due to aging, breakdown, or the like.
(Return of Registration Card and Removal of Registration Number)
Article 20 (1) In the following cases, the owner of a Fishing Boat shall return the registration card to the prefectural governor who performed the registration without delay; provided, however, that the registration card need not be returned if there are justifiable grounds for not being able to return the registration card and the owner makes a notification to that effect to the prefectural governor, while indicating the reason therefor:
(i) where the registration ceases to be effective pursuant to Article 18; or
(ii) where the registration is rescinded pursuant to the preceding Article.
(2) In the cases referred to in the items of the preceding paragraph, if the owner of the Fishing Boat is not the user of the Fishing Boat, the user shall return the registration card to the owner without delay.
(3) In the cases referred to in the items of paragraph (1), the owner of the Fishing Boat (if the owner of the Fishing Boat is not the user thereof, the user) shall remove the registration number indicated on the Fishing Boat pursuant to Article 16 without delay.
(Delivery of Certified Copy of Registration)
Article 21 Any person may request the prefectural governor to deliver a certified copy of the registration of a Fishing Boat.
(Exclusion from Application of the Ship Act)
Article 22 With regard to Fishing Boats, orders issued under Article 21 of the Ship Act (Act No. 46 of 1899) (excluding the portions concerning the gross tonnage measure of the boat and the marking of the name of the boat) shall not apply.
(Submission of Duplicate Copy of Fishing Boat Registry)
Article 23 The Minister of Agriculture, Forestry and Fisheries may have the prefectural governor submit a duplicate copy of the fishing boat registry and request him/her to provide statistics concerning registration or other necessary reports concerning registration.
(Delegation to Ordinance of the Ministry of Agriculture, Forestry and Fisheries)
Article 24 In addition to what is provided for in this Act, necessary matters concerning the registration of Fishing Boats shall be prescribed by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
Chapter IV Inspections concerning Fishing Boats
(Requested Inspection)
Article 25 (1) When the Minister of Agriculture, Forestry and Fisheries receives a request for an inspection of the following matters concerning a Fishing Boat from the owner of the Fishing Boat (including a person who receives the permission set forth in Article 4, paragraph (1) or (2)), he/she shall perform the inspection at the time specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries during the design and work period and the time of completion of the Fishing Boat or completion of the Remodeling work:
(i) the hull;
(ii) the engine;
(iii) fishing equipment;
(iv) equipment for preserving the catch or manufacturing;
(v) electrical equipment; and
(vi) navigational instruments and equipment.
(2) In the case specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries, the inspection during the design and work period may be omitted, notwithstanding the provisions of the preceding paragraph.
(3) In the inspection referred to in paragraph (1), the compliance or non-compliance of the design, materials, work, and performance with the technical standards specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries is inspected.
(4) The Minister of Agriculture, Forestry and Fisheries may hear the opinions of the Fisheries Policy Council when setting the technical standards set forth in the preceding paragraph.
(Inspection Result)
Article 26 As a result of the inspection at the time of the completion of the Fishing Boat or completion of the Remodeling work set forth in paragraph (1) or the inspection of all the matters set forth in paragraph (1) of said Article, if the Minister of Agriculture, Forestry and Fisheries finds that that the Fishing Boat complies with the technical standards set forth in paragraph (3) of said Article, he/she shall deliver to the applicant an inspection certificate proving that the Fishing Boat passed the inspection, and if he/she finds that the Fishing Boat fails to comply with the technical standards, he/she shall deliver to the applicant a written inspection result stating the matters that need to be improved.
Chapter V Examinations concerning Fishing Boats
(Request for Design and Examination)
Article 27 Any person may request the Minister of Agriculture, Forestry and Fisheries to draw up a design or perform an examination concerning a Fishing Boat or an engine for a Fishing Boat, a machine for a Fishing Boat, or any other equipment for a Fishing Boat (hereinafter referred to as a "Fishing Boat, etc." in this Chapter).
(Model Designs)
Article 28 In order to contribute to the improvement and development of Fishing Boats, the Minister of Agriculture, Forestry and Fisheries shall set and publish model designs concerning Fishing Boats, etc.
Chapter VI Designated Certifying Agencies and Designated Validating Agencies
Section 1 Designated Certifying Agencies
(Designation of a Designated Certifying Agency)
Article 29 The designation set forth in Article 9, paragraph (1) shall be made upon application by a person who intends to perform the operations of Certification, as provided for by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Disqualification)
Article 30 A person who falls under any of the following items may not receive the designation set forth in Article 9, paragraph (1):
(i) a person who was sentenced to a punishment for violation of this Act or any order issued under this Act, and for whom two years have yet to pass since he/she served out the sentence or ceased to be subject to the sentence;
(ii) a person whose designation was rescinded pursuant to Article 44, paragraph (1), and for whom two years have yet to pass since the date of the rescission; or
(iii) a corporation any of whose officers performing its business falls under either of the preceding two items.
(Standards for Designation)
Article 31 Unless the Minister of Agriculture, Forestry and Fisheries or the prefectural governor finds that an application for the designation set forth in Article 9, paragraph (1) complies with all of the following items, he/she must not make the designation:
(i) the Certification is to be carried out by persons having knowledge and experience that comply with the conditions specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries, and the number of those persons is the same or larger than the number specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries;
(ii) in the case of a corporation, the composition of its officers or of the members specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries according to the type of corporation is unlikely to impede the fair performance of the Certification;
(iii) in addition to what is provided for in the preceding item, the application complies with the standards specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries for ensuring that the Certification will not be unfair;
(iv) the applicant has the financial base required for the proper and smooth performance of the operations of Certification; and
(v) the designation will not impede the proper and smooth performance of the Certification pertaining to the application.
(Public Notice of Designation)
Article 32 (1) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor makes the designation set forth in Article 9, paragraph (1), he/she shall give public notice of the name and address of the Designated Certifying Agency and the location of the office that performs the operations of Certification.
(2) When a Designated Certifying Agency intends to change its name or address or the location of the office that performs the operations of Certification, it shall make a notification to that effect to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor by two weeks prior to the date on which the change is to be made.
(3) When a notification under the preceding paragraph is made, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor shall give public notice to that effect.
(Renewal of Designation)
Article 33 (1) The designation set forth in Article 9, paragraph (1) ceases to be effective with the passage of a period of five years or more but no more than ten years as specified by Cabinet Order, unless it is renewed by the end of every such period.
(2) The provisions of Articles 29 through 31 shall apply mutatis mutandis to the renewal of the designation set forth in the preceding paragraph.
(Method of Certification)
Article 34 When a Designated Certifying Agency performs a Certification, it shall have the person prescribed in Article 31, item (i) carry out the Certification.
(Obligation of Certification)
Article 35 When a Designated Certifying Agency is requested to perform a Certification, it shall perform the Certification without delay, unless there are justifiable grounds not to do so.
(Reporting)
Article 36 When a Designated Certifying Agency performs a Certification, it shall make a report to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor, as provided for by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Operational Rules)
Article 37 (1) A Designated Certifying Agency shall set rules on the operations of Certification (hereinafter referred to as the "Operational Rules") and obtain the approval of the Minister of Agriculture, Forestry and Fisheries or the prefectural governor. The same shall apply when making changes to the Operational Rules.
(2) The matters to be provided for in the Operational Rules shall be specified by Ordinance of the Minister of Agriculture, Forestry and Fisheries.
(3) When the Minister of Agriculture, Forestry and Fisheries finds that the Operational Rules which he/she has approved under paragraph (1) became inappropriate for the fair performance of a Certification, he/she may order the Designated Certifying Agency to make changes to the Operational Rules.
(Bookkeeping)
Article 38 A Designated Certifying Agency shall, pursuant to the provisions of Ordinance of the Ministry of Agriculture, Forestry and Fisheries, prepare the books, enter the matters specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries with regard to Certification therein, and keep such books.
(Inquiries)
Article 39 A Designated Certifying Agency may make inquiries to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor about necessary matters for the proper performance of Certification. In this case, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor shall give notice of the matters on which inquiries have been made and take other necessary measures for the inquirer.
(Suspension or Discontinuance of Operations)
Article 40 (1) When a Designated Certifying Agency intends to suspend or discontinue all or part of the operations of Certification, it shall make a notification to that effect to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor in advance, as provided for by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(2) When a notification under the preceding paragraph is made, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor shall give public notice to that effect.
(Dismissal Order)
Article 41 When the person prescribed in Article 31, item (i) violates this Act, an order issued under this Act or the Operational Rules, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor may order the Designated Certifying Agency to dismiss the person prescribed in said item.
(Duty of Confidentiality)
Article 42 (1) An officer or employee of a Designated Certifying Agency or a person who held such a position formerly must not divulge any secret he/she learns with regard to the operations of Certification.
(2) An officer or employee of a Designated Certifying Agency who is engaged in the operations of Certification shall be deemed to be an official engaged in public service pursuant to laws and regulations, with regard to the application of the Penal Code (Act No. 45 of 1907) and any other penal provisions.
(Compliance Order)
Article 43 When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor finds that a Designated Certifying Agency no longer complies with the provisions of Article 31, items (i) through (iv), he/she may order the Designated Certifying Agency to take the necessary measures for complying with these provisions.
(Rescission of Designation)
Article 44 (1) When a Designated Certifying Agency falls under any of the following items, the Minister of Agriculture, Forestry and Fisheries or the prefectural governor may rescind the designation thereof or order the suspension of all or part of the operations of Certification for a specified period of time:
(i) where the Designated Certifying Agency violates any of the provisions of this Section;
(ii) where the Designated Certifying Agency falls under Article 30, item (i) or (iii);
(iii) where the Designated Certifying Agency performed a Certification without complying with the Operational Rules approved under Article 37, paragraph (1);
(iv) where the Designated Certifying Agency violates an order under Article 37, paragraph (3), Article 41, or the preceding Article; or
(v) where the Designated Certifying Agency receives the designation set forth in Article 9, paragraph (1) by wrongful means.
(2) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor rescinds the designation or orders the suspension of all or part of operations of Certification pursuant to the preceding paragraph, he/she shall give public notice to that effect.
(Performance of Operations of Certification by the Minister of Agriculture, Forestry and Fisheries or the Prefectural Governor)
Article 45 (1) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor receives a notification of suspension of all or part of the operations of Certification under Article 40, paragraph (1) from a Designated Certifying Agency, when he/she orders a Designated Certifying Agency to suspend all or part of the operations of Certification pursuant to paragraph (1) of the preceding Article, or when it becomes difficult for a Designated Certifying Agency to carry out all or part of the operations of Certification due to a natural disaster or on any other grounds and he/she finds it to be necessary, he/she shall perform all or part of the operations of Certification himself/herself.
(2) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor decides to perform operations of Certification pursuant to the preceding paragraph or decides to discontinue the operations of Certification he/she is performing pursuant to said paragraph, he/she shall give public notice to that effect in advance of performing or discontinuing such operations.
(3) The succession of operations of Certification and any other necessary matters in the case where the Minister of Agriculture, Forestry and Fisheries or the prefectural governor performs all or part of the operations of Certification pursuant to paragraph (1), the case where a Designated Certifying Agency makes a notification of discontinuance of all or part of the operations of Certification pursuant to Article 40, paragraph (1), or the case where the designation of a Designated Certifying Agency is rescinded pursuant to paragraph (1) of the preceding Article shall be specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
Section 2 Designated Validating Agency
(Designation of a Designated Validating Agency
Article 46 The designation set forth in Article 14, paragraph (1) shall be made upon application from a person who intends to perform the operations of Validation, as provided for by Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(Application Mutatis Mutandis)
Article 47 The provisions of Articles 30 through 38 and Articles 40 through 45 shall apply mutatis mutandis to Designated Validating Agencies. In this case, the term "Article 9, paragraph (1)" in Articles 30 and 31, Article 32, paragraph (1), Article 33, paragraph (1), and Article 44, paragraph (1), item (v) shall be deemed to be replaced with "Article 14, paragraph (1)," the phrase "the Minister of Agriculture, Forestry and Fisheries or the prefectural governor" in Articles 31, 32, and 36, Article 37, paragraphs (1) and (3), Articles 40 and 41, and Articles 43 through 45 shall be deemed to be "the prefectural governor," and the term "Certification" in the items of Article 31, Article 32, paragraphs (1) and (2), Articles 34 through 36, Article 37, paragraphs (1) and (3), Article 38, Article 40, paragraph (1), and Articles 42, 44, and 45 shall be deemed to be replaced with "Validation."
Chapter VII Miscellaneous Provisions
(Appeal)
Article 48 (1) When the Minister of Agriculture, Forestry and Fisheries or the prefectural governor intends to make a decision on an objection filed against a disposition made pursuant to this Act or pursuant to an order issued under this Act, he/she shall, in advance, give notice of a date and place to the objector and hear the opinions of the objector in public. In this case, upon the hearing of opinions, the objector may state his/her opinions and produce evidence with regard to the case in question.
(2) No objection under the Administrative Appeal Act (Act No. 160 of 1962) may be filed against a disposition concerning Certification after the completion of work under Article 8.
(3) A person who is dissatisfied with a disposition made by a Designated Certifying Agency or a Designated Validating Agency pursuant to this Act or their inaction may request the Minister of Agriculture, Forestry and Fisheries or the prefectural governor who has designated said Designated Certifying Agency or Designated Validating Agency for an administrative review under the Administrative Appeal Act.
(Collection of Reports)
Article 49 (1) The Minister of Agriculture, Forestry and Fisheries or the prefectural governor may have a Designated Certifying Agency report on the status of its operations or accounting, to the extent necessary for the enforcement of this Act.
(2) The prefectural governor may have a Designated Validating Agency report on the status of its operations or accounting, to the extent necessary for the enforcement of this Act.
(On-site Inspections)
Article 50 (1) The Minister of Agriculture, Forestry and Fisheries or the prefectural governor may have his/her official enter an office of the owner or manager of a Fishing Boat, a place where building or Remodeling work on a Fishing Boat is carried out, a place where an engine for a Fishing Boat, a machine for a Fishing Boat, or any other equipment for a Fishing Boat is manufactured, or a Fishing Boat (including a boat currently being built or Remodeled pertaining to the permission set forth in Article 4, paragraph (1) or (2) or a boat prior to the Remodeling or conversion pertaining to an application for said permission; hereinafter the same shall apply in this Article), and have such official inspect a Fishing Boat or an engine for a Fishing Boat, a machine for a Fishing Boat, or any other equipment for a Fishing Boat, or a registration card or any other documents (in the case where an electromagnetic record (a record made in an electronic form, a magnetic form, or any other form not recognizable to human perception, which is used in information processing by computers) has been prepared or kept in lieu of the preparation or keeping thereof, this includes said electromagnetic record), to the extent necessary for the enforcement of this Act.
(2) The Minister of Agriculture, Forestry and Fisheries or the prefectural governor may have his/her official enter an office of a Designated Certifying Agency and have such official inspect the status of operations or books, documents, or any other articles, to the extent necessary for the enforcement of this Act.
(2) The prefectural governor may have his/her official enter an office of a Designated Validating Agency and have such official inspect the status of operations or books, documents, or any other articles, to the extent necessary for the enforcement of this Act.
(4) An official who conducts an on-site inspection pursuant to the preceding three paragraphs shall carry his/her identification card, and present it when requested to do so by the persons concerned.
(5) The on-site inspection set forth in paragraphs (1) through (3) shall not be construed to have been allowed for a criminal investigation.
(Collection of Reports by the Fisheries Policy Council)
Article 51 When the Fisheries Policy Council finds it to be necessary for processing matters placed under its authority pursuant to Article 3, paragraph (3), it may request fishery managers, fishery employees, and any other persons concerned to attend or provide necessary reports, or have a member or a person engaged in its affairs carry out the necessary investigations of a fishing ground, a Fishing Boat, a workplace, or an office.
(Fees
Article 52 (1) A person who intends to receive an inspection pursuant to Article 25, paragraph (1) shall pay a fee in the amount specified by Ordinance of the Ministry of Agriculture, Forestry and Fisheries within the extent of the cost required for the inspection.
(2) When a prefectural government collects a fee pertaining to Certification or Validation under Article 227 of the Local Autonomy Act (Act No. 67 of 1947), it may have the person who intends to receive the Certification performed by a Designated Certifying Agency pursuant to Article 9, paragraph (1) or Validation performed by a Designated Validating Agency pursuant to Article 14, paragraph (1) pay the fee to said Designated Certifying Agency or said Designated Validating Agency and treat said fee as an income of the agency, as provided for by Prefectural Ordinance.
Chapter VIII Penal Provisions
Article 53 A person who falls under either of the following items shall be punished by imprisonment with work for not more than one year or a fine of not more than 1 million yen:
(i) a person who violates the provisions of Article 4, paragraph (1), (2), or (6) or Article 10, paragraph (1); or
(ii) a person who divulges a secret he/she learned with regard to his/her operations in violation of the provisions of Article 42, paragraph (1) (including cases where applied mutatis mutandis pursuant to Article 47).
Article 54 In the case of a violation of an order for the suspension of operations under Article 44, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 47), the officer(s) or employee(s) concerned at the Designated Certifying Agency or the Designated Validating Agency where said violation has been committed shall be punished by imprisonment with work for not more than one year or a fine of not more than 1 million yen.
Article 55 A person who falls under either of the following items shall be punished by a fine of not more than 300,000 yen:
(i) a person who violates the provisions of Article 15 or 16, Article 17, paragraph (1) or (2), or Article 20; or
(ii) a person who refuses, obstructs, or evades an entry or an inspection made by a relevant official under Article 50, paragraph (1).
Article 56 In the case of the violation set forth in any of the following items, the officer(s) or employee(s) concerned at the Designated Certifying Agency or the Designated Validating Agency where said violation has been committed shall be punished by a fine of not more than 300,000 yen:
(i) where, in violation of the provisions of Article 38 (including the cases where applied mutatis mutandis pursuant to Article 47; hereinafter the same shall apply in this item), the agency fails to enter the matters prescribed in Article 38, enters false matters, or fails to keep the books;
(ii) where the agency fails to make a notification under Article 40, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 47), or makes a false notification;
(iii) where the agency fails to provide a report under Article 49 or provides a false report; or
(iv) where the agency refuses, obstructs, or evades an entry or an inspection by a relevant official under Article 50, paragraph (2) or (3).
Article 57 When a representative of a corporation or an agent, an employee or any other worker of a corporation or individual commits the violation set forth in Article 53, item (i) or Article 55 with regard to the business of said corporation or individual, not only the offender but also the corporation or individual shall be punished by the fine prescribed in the respective Articles.
Supplementary Provisions [Extract]
(1) The effective date of this Act shall be specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
(2) The Ordinance on Registration of Fishing Boats (Ordinance of the Prime Minister's Agency and the Ministry of Agriculture and Forestry No. 5 of 1947) shall be repealed; provided, however, that with regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(3) A registration and a registration card performed or delivered under the Ordinance on Registration of Fishing Boats prior to the enforcement of this Act shall be deemed to be a registration and a registration card performed or delivered under this Act.
(4) With regard to the application of the provisions of this Act, a permission for building or Remodeling given by the Minister of Transport pursuant to an order issued under Article 8 of the Act on Temporary Ship Management prior to the enforcement of this Act shall be deemed to be a permission for building or Remodeling given by the Minister of Agriculture, Forestry and Fisheries or the prefectural governor pursuant to Article 3, paragraph (1) or (2) on the date of the enforcement of this Act.
Supplementary Provisions [Act No. 94 of March 31, 1951] [Extract]
(1) This Act shall come into effect as of April 1, 1951.
(2) A permission given or an application therefor filed under Article 3 of the Fishing Boat Act prior to the revision, prior to the enforcement of this Act, shall be deemed to be given or filed pursuant to Article 3-2 of the Fishing Boat Act.
(3) The maximum limit for the total gross tonnage of Powered Fishing Boats set under Article 4, item (i) of the Fishing Boat Act prior to the revision and the standards for the performance of Powered Fishing Boats set under item (ii) of said Article, prior to the enforcement of this Act, shall be deemed to be set under Article 3, paragraph (1) of the Fishing Boat Act.
Supplementary Provisions [Act No. 149 of August 1, 1953] [Extract]
(1) The effective date of this Act shall be specified by Cabinet Order within a period not exceeding 30 days from the date of promulgation.
Supplementary Provisions [Act No. 213 of August 15, 1953] [Extract]
(1) This Act shall come into effect as of September 1, 1953.
(2) A permission, approval, or any other disposition made or an application, notification, or any other procedure followed pursuant to provisions of former laws and regulations prior to the enforcement of this Act shall be deemed to be, respectively, a disposition made or a procedure followed under the corresponding provisions after the revision.
Supplementary Provisions [Act No. 116 of April 11, 1959]
This Act shall come into effect as of the date of promulgation.
Supplementary Provisions [Act No. 161 of September 15, 1962] [Extract]
(1) This Act shall come into effect as of October 1, 1962.
(2) The provisions revised by this Act shall also apply to a disposition made by an administrative agency prior to the enforcement of this Act, an inaction by an administrative agency pertaining to an application filed prior to the enforcement of this Act, or other matters that have arisen prior to the enforcement of this Act, except as otherwise provided by these Supplementary Provisions; provided, however, that those provisions shall not hinder effects which have arisen pursuant to the provisions prior to the revision by this Act.
(3) With regard to a petition, request for an examination, objection or any other appeal (hereinafter referred to as a "Petition, etc.") filed prior to the enforcement of this Act, the provisions then in force shall remain applicable after the enforcement of this Act. The same shall apply to a further Petition, etc. filed in the case of dissatisfaction with a determination, ruling, or any other disposition on a Petition, etc. made prior to the enforcement of this Act (hereinafter referred to as a "Determination, etc."), or a Determination, etc. made after the enforcement of this Act with regard to a Petition, etc. filed prior to the enforcement of this Act.
(4) The Petition, etc. prescribed in the preceding paragraph, which pertains to a disposition against which an appeal under the Administrative Appeal Act may be filed after the enforcement of this Act, shall be deemed to be an appeal under the Administrative Appeal Act with regard to the application of Acts other than the said Act.
(5) No appeal under the Administrative Appeal Act may be filed against a Determination, etc. on a request for an examination, objection, or any other appeal filed after the enforcement of this Act pursuant to paragraph (3).
(6) With regard to a disposition made by an administrative agency prior to the enforcement of this Act, against which a Petition, etc. may be filed pursuant to the provisions prior to the revision by this Act and for which the period for filing a Petition, etc. has not been set, the period for filing an appeal under the Administrative Appeal Act shall be counted from the date of the enforcement of this Act.
(8) With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(9) In addition to what is provided for in the preceding eight paragraphs, transitional measures necessary for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 120 of August 1, 1967] [Extract]
(Effective Date)
(1) This Act shall come into effect as of the date of promulgation.
(3) With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
Supplementary Provisions [Act No. 111 of June 1, 1970] [Extract]
(Effective Date)
(1) This Act shall come into effect as of the date of promulgation.
Supplementary Provisions [Act No. 38 of May 1, 1978] [Extract]
(1) This Act shall come into effect as of the date of promulgation; provided, however, that the provisions of Article 4, paragraph (2) shall come into effect as of the day on which one month has elapsed from the date of promulgation.
Supplementary Provisions [Act No. 87 of July 5, 1978] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items shall come into effect as of the dates specified respectively in those items:
(i) the provisions revising Article 64-4, paragraph (1), Articles 66 and 67, Article 68, paragraphs (1), (2), and (4), Article 69, and Article 69-2, paragraph (2), the provisions adding one Article after Article 69-3, the provisions revising Article 70, paragraphs (1) and (3), the provisions changing said Article to Article 71, and the provisions deleting Article 72 and changing Article 71 into Article 72: January 1, 1979;
(ii) the provisions revising Article 18-8, Article 22, paragraph (2), and Article 22-3, paragraph (2), the provisions deleting Article 78, item (vi), the provisions revising Article 80, item (i) and Article 81, the provisions revising the table set forth in Article 82, paragraph (2) (limited to the portion deleting the row of the Freshwater Fisheries Research Laboratory), the provisions revising Article 83, the provisions adding one Article after said Article, and the provisions revising Article 87: the dates specified by Cabinet Order for the respective provisions within the period until March 31, 1979; and
(iii) the provisions revising Article 18, paragraph (3), Article 18-3, paragraph (2), and Article 21, paragraph (2): the dates specified by Cabinet Order for the respective provisions within the period until March 31, 1980.
Supplementary Provisions [Act No. 40 of May 6, 1980] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the day on which the Convention becomes effective.
Supplementary Provisions [Act No. 58 of May 30, 1981] [Extract]
(1) This Act shall come into effect as of the date of promulgation; provided, however, that the provisions of Article 3 shall come into effect as of the day on which one month has elapsed from the date of promulgation.
Supplementary Provisions [Act No. 83 of December 10, 1983] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items shall come into effect as of the dates specified respectively in those items:
(i) through (iv): omitted; and
(v) the provisions of Articles 25 and 26, Articles 28 through 30, and Articles 33 and 35, the provisions of Article 36 (excluding the provisions revising Article 54 of the Electricity Business Act; the same shall apply in Article 8 (excluding paragraph (3)) of the Supplementary Provisions), and the provisions of Articles 37, 39, and 43 of this Act and the provisions of Article 8 (excluding paragraph (3)) of the Supplementary Provisions: the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 16 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act and to acts committed after the enforcement of the provisions of Article 17, 22, 36, 37, or 39 to which the provisions previously in force are to remain applicable pursuant to Article 3, Article 5, paragraph (5), Article 8, paragraph (2), or Article 9 or 10 of the Supplementary Provisions, the provisions then in force shall remain applicable.
Supplementary Provisions [Act No. 47 of May 25, 1984]
This Act shall come into effect as of July 1, 1984.
Supplementary Provisions [Act No. 89 of November 12, 1993] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the date of the enforcement of the Administrative Procedure Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions)
Article 2 Where a consultation or any other request was filed with a council or any other organization adopting a council system to the effect that procedures for hearing or granting opportunities for explanations as prescribed in Article 13 of the Administrative Procedure Act, or any other procedures equivalent to the procedures for stating opinions should be followed, with regard to the procedures for adverse dispositions pertaining to the consultation or any other request, the provisions then in force shall remain applicable, notwithstanding the provisions of relevant Acts revised by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(Transitional Measures Accompanying the Arrangement of Provisions on Hearings)
Article 14 Hearings or hearing meetings (excluding those pertaining to adverse dispositions) held pursuant to the provisions of an Act prior to the enforcement of this Act or the procedures thereof shall be deemed to have been conducted pursuant to the corresponding provisions of the relevant Act revised by this Act.
(Delegation to Cabinet Order)
Article 15 In addition to what is provided for in Article 2 of the Supplementary Provisions through the preceding Article, transitional measures necessary for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 87 of July 16, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of April 1, 2000; provided, however, that the provisions set forth in the following items shall come into effect as of the dates specified respectively in those items:
(i) the provisions of Article 1 adding five Articles, a Section title, and two Subsections and Subsection titles after Article 250 of the Local Autonomy Act (limited to the portion pertaining to Article 250-9, paragraph (1) of said Act (limited to the portion pertaining to obtaining the consent of both Houses of the Diet)), the provisions of Article 40 revising paragraphs (9) and (10) of the Supplementary Provisions of the Natural Parks Act (limited to the portion pertaining to paragraph (10) of the Supplementary Provisions of said Act), the provisions of Article 244 (excluding the portion pertaining to the provisions revising Article 14-3 of the Agricultural Improvement Promotion Act), and the provisions of Article 472 (excluding the portion pertaining to the provisions revising Articles 6, 8, and 17 of the Act on Special Provisions Concerning Merger of Municipalities) of this Act, and the provisions of Articles 7, 10 and 12, the proviso to Article 59, Article 60, paragraphs (4) and (5), Articles 73 and 77, Article 157, paragraphs (4) through (6), Articles 160, 163, 164, and 202 of the Supplementary Provisions: the date of promulgation.
((Transitional Measures Concerning Appeals)
Article 102 With regard to a request for an administrative review in the case where the provisions of the Administrative Appeal Act by deeming that a higher administrative agency exists pursuant to Article 161, paragraph (1) of the Supplementary Provisions, the provisions of Article 34, paragraph (2) of the Fertilizers Regulation Act prior to the revision by Article 252, the provisions of Article 27 of the Fishing Boat Act prior to the revision by Article 257, the provisions of the second sentence of Article 10-11-5, paragraph (1) of the Forest Act prior to the revision by Article 262, the provisions of Article 10-11-6, paragraph (3) and Article 190, paragraphs (3) and (4), the provisions of Article 15 of the Act Concerning Dairy and Beef Cattle Production Promotion prior to the revision by Article 273 (hereinafter referred to as the "Former Act Concerning Dairy and Beef Cattle Production Promotion" in this Article), and the provisions of Article 31, paragraphs (1) and (3) of the Livestock Transaction Act prior to the revision by Article 276 shall remain in force after the date of enforcement. In this case, the phrase "council specified by the Cabinet Order set forth in Article 2-2, paragraph (5)" in Article 15 of the Former Act Concerning Dairy and Beef Cattle Production Promotion shall be deemed to be replaced with "Council of Food, Agriculture and Rural Area Policies."
(Affairs of the State)
Article 159 In addition to what is provided for in the respective Acts prior to the revision by this Act, affairs to be managed or performed, prior to the enforcement of this Act, by an organ of a local public entity on behalf of the State, another local public entity, or another public body pursuant to Acts or a Cabinet Order enacted thereunder (hereinafter referred to as "Affairs of the State, etc." in Article 161 of the Supplementary Provisions) shall, after the enforcement of this Act, be handled by the local public entity as its own affairs pursuant to Acts or a Cabinet Order enacted thereunder.
(Transitional Measures Concerning Dispositions, Applications, etc.)
Article 160 (1) With regard to dispositions to grant licenses or a permission, etc. and any other acts conducted, prior to the enforcement of this Act (or the respective provisions set forth in the items of Article 1 of the Supplementary Provisions; hereinafter the same shall apply in this Article and Article 163 of the Supplementary Provisions), pursuant to the provisions of the respective Acts prior to the revision (hereinafter referred to as "Dispositions and Other Acts" in this Article) or applications for licenses or a permission, etc. and any other acts already conducted at the time of the enforcement of the Act, pursuant to the respective Acts prior to the revision (hereinafter referred to as "Applications and Other Acts" in this Article), if administrative affairs pertaining to these acts come under the jurisdiction of different persons on the date of the enforcement of this Act, these acts, except those prescribed in Article 2 of the Supplementary Provisions through the preceding Article or in the provisions of the respective revised Acts (including orders issued thereunder) concerning transitional measures, shall be deemed, with regard to the application of the respective revised Acts on or after the date of the enforcement of this Act, as Dispositions and Other Acts or Applications and Other Acts conducted pursuant to the corresponding provisions of the respective revised Acts.
(2) With regard to matters for which report, notification, submission, or any other procedures are to be made or followed with respect to the organs of the State or local public entities prior to the enforcement of this Act, pursuant to the respective Acts prior to the revision, if these procedures have not yet been followed by the date of the enforcement of this Act, the provisions of the respective Acts revised by this Act shall apply to such procedures, except those otherwise provided by this Act or Cabinet Order enacted thereunder, by deeming that report, notification, submission, or any other procedures have not yet been made or followed for matters for which such procedures are to be followed with respect to the organs of the State or local public entities pursuant to the corresponding provisions of the respective revised Acts.
(Transitional Measures Concerning Appeals)
Article 161 (1) With regard to dispositions pertaining to Affairs of the State, etc. made prior to the date of enforcement by the administrative agencies (hereinafter referred to as the "Administrative Agencies Having Made the Dispositions" in this Article) that have been subordinated, prior to the date of enforcement, to higher administrative agencies as prescribed under the Administrative Appeal Act (hereinafter referred to as the "Higher Administrative Agencies" in this Article), the provisions of the Administrative Appeal Act shall apply to appeals filed against such dispositions pursuant to said Act, by deeming that the Administrative Agencies Having Made the Dispositions are still subordinate to the Higher Administrative Agencies after the date of enforcement. In this case, the administrative agencies deemed to be Higher Administrative Agencies of the Administrative Agencies Having Made the Dispositions shall be the administrative agencies to which the Administrative Agencies Having Made the Dispositions have been subordinated prior to the date of enforcement.
(2) In the case referred to in the preceding paragraph, where the administrative agencies deemed to be Higher Administrative Agencies are organs of local public entities, the affairs to be handled by such organs pursuant to the provisions of the Administrative Appeal Act shall be Item 1 Statutory Entrusted Affairs as prescribed in Article 2, paragraph 9, item 1 of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162 With regard to fees that were to be paid prior to the date of enforcement pursuant to the provisions of the respective Acts prior to the revision by this Act (including orders issued thereunder), except those otherwise provided by this Act or a Cabinet Order enacted thereunder, the provisions then in force shall remain applicable.
(Transitional Measures on Penal Provisions)
Article 163 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164 (1) In addition to what is provided for in the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) shall be specified by Cabinet Order.
(2) Matters necessary for the application of the provisions of Articles 18, 51, and 184 of the Supplementary Provisions shall be specified by Cabinet Order.
(Review)
Article 250 Item 1 Statutory Entrusted Affairs as prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act shall not be additionally created insofar as possible, and the affairs set forth in Appended Table I of the new Local Autonomy Act and those provided for by a Cabinet Order enacted under the new Local Autonomy Act shall be examined from the perspective of promoting decentralization and be reviewed as appropriate from time to time.
Article 251 In order to enable local public entities to execute their affairs and services voluntarily and independently, the government shall examine how to secure adequate sources of local tax revenue based on the sharing of roles between the State and local public entities taking into account the prevailing economic trends, and take the necessary measures based on the results of such examination.
Article 252 The government shall, along with various reforms such as the medical insurance system reform and the pension system reform, study an ideal administrative processing system for social insurance and a desirable personnel system therefor from the viewpoint of ensuring the convenience of the insured, etc. and increasing the efficiency of administrative processing, and take measures as required based on the study results where it finds it necessary.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]
(Effective Date)
Article 1 This Act (excluding Articles 2 and 3) shall come into effect as of January 6, 2001.
Supplementary Provisions [Act No. 91 of May 31, 2000]
(Effective Date)
(1) This Act shall come into effect as of the date of the enforcement of the Act to Partially Revise the Commercial Code, etc. (Act No. 90 of 2000).
(Transitional Measures)
(2) Where the date of the enforcement of this Act falls before the date of the enforcement of Article 8 of the Supplementary Provisions of the Act on the Center for Food Quality, Labeling and Consumer Services (Act No. 183 of 1999), the term "Article 27" in the provisions of Article 31 revising Article 19-5-2, Article 19-6, paragraph (1), item (iv), and Article 27 of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products shall be deemed to be replaced with "Article 26."
Supplementary Provisions [Act No. 89 of June 29, 2001] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the date of promulgation.
Supplementary Provisions [Act No. 110 of July 11, 2001]
(Effective Date)
Article 1 This Act shall come into effect as of April 1, 2002; provided, however, that the provisions of the following Article shall come into effect as of January 1, 2002.
(Preparation Prior to Enforcement)
Article 2 A person who intends to receive the designation set forth in Article 9, paragraph (1) or Article 14, paragraph (1) of the Fishing Boat Act revised by this Act (hereinafter referred to as the "New Act") may file an application therefor prior to the enforcement of this Act. The same shall apply to an application for approval of Operational Rules under Article 37, paragraph (1) of the New Act (including the cases where applied mutatis mutandis pursuant to Article 47 of the New Act).
(Transitional Measures Concerning Dispositions, Applications, etc.)
Article 3 (1) A permission, Certification, or any other disposition made by the Minister of Agriculture, Forestry and Fisheries or the prefectural governor pursuant to the provisions of the Fishing Act prior to the revision by this Act (hereinafter referred to as the "Former Act") shall be deemed to be a permission, Certification, or any other disposition made by the Minister of Agriculture, Forestry and Fisheries or the prefectural governor under the corresponding provisions of the New Act.
(2) An application, report, or any other act made or conducted with respect to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor pursuant to the provisions of the Former Act shall be deemed to be an application, report, or any other act made or conducted with respect to the Minister of Agriculture, Forestry and Fisheries or the prefectural governor under the corresponding provisions of the New Act.
(Transitional Measures Concerning Validation of Registration Cards)
Article 4 The provisions of Article 13 of the New Act shall apply to a person who receives the delivery of a registration card or receives Validation pursuant to Article 12, paragraph (1) or Article 17, paragraph (3) of the New Act on or after the date of the enforcement of this Act.
(Transitional Measures Concerning Penal Provisions)
Article 5 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation to Cabinet Order)
Article 6 In addition to what is provided for in Article 2 of the Supplementary Provisions through the preceding Article, transitional measures necessary for the enforcement of this Act shall be specified by Cabinet Order.
Supplementary Provisions [Act No. 150 of December 1, 2004] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of April 1, 2005.
(Transitional Measures Concerning Penal Provisions)
Article 4 With regard to the application of penal provisions to acts committed prior to the enforcement of this Act, the provisions then in force shall remain applicable.
Supplementary Provisions [Act No. 77 of June 6, 2007] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation.