Fisheries Basic Act


Published: 2005

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Fisheries Basic Act

(Act No. 89 of June 29, 2001)

Table of Contents

Chapter I General Provisions (Article 1-10)

Chapter II Basic Policies

Section 1 Basic Plan for Fishery (Fisheries)

Section 2 Policies for Securing Stable Marine Products (Fishery Products)

Section 3 Policies for Sound Development of Fishery (Fisheries)

Chapter III Administrative Organs and Relevant Organizations (Article 33 and

34)

Chapter IV Fisheries Policy Council (Article 35-39)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to stabilize and improve the life of the

citizens and to develop the national economy through comprehensive and

systematic implementation of the policies for fishery by means of establishing

basic principles and basic matters for their realization and clarifying the

responsibilities of the State and local governments.

(Maintenance of Stable Supply of Marine Products)

Article 2 (1) Stable supply of quality marine products at reasonable prices shall,

in view of an importance of marine products for the sound dietary pattern and

as a basis for the healthy and fulfilling life, be secured for the future.

(2) Propagation and aquaculture of aquatic plants and animals shall, in view of

fishery resources being a component of ecosystem and limited, be promoted to

secure its sustainable utilization by adequate preservation and management of

fishery resources and harmony with the environment aiming at the correct

implementation of United Nations Convention on the Act of the Sea.

(3) Stable supply of marine products to the citizens shall, in view of the world's

marine products supply and demand and trade have some uncertainties, be

secured, while maintaining sustainable utilization of fishery resources, by

increased domestic fishery production as a base in an appropriate combination

with import.

(Sound Development of Fisheries)

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Article 3 (1) Sound development of fisheries shall, in view of its mission to

supply marine products to the citizens, be promoted, while maintaining

sustainable utilization of fishery resources, by fostering efficient and stable

fishery management for the fishery production, processing of marine products

and distribution that meet the sophisticated and diversified demands of the

citizens, keeping coordination among fishery, fishery processing industry and

fishery products marketing, and developing fishing ports, fishing grounds and

other infrastructure.

(2) Development of fishery shall, in view of the role of fishing villages as bases o f

the sound development of fishery for the communities including fishery

operators, be promoted by improving living environment and other welfare.

(Responsibilities of the State)

Article 4 (1) The State shall be responsible for comprehensively formulating and

implementing the measures with the purport of the basic principles of the

policies for fisheries provided in the preceding two articles (hereinafter

referred to as "basic principles".)

(2) The State shall endeavor to enhance the citizens' better understanding of the

basic principles by providing relevant information, etc. on fisheries.

(Responsibilities of Local Governments)

Article 5 Local governments shall be responsible for formulating and

implementing the measures for fisheries that suit natural and socioeconomic

characteristics of the areas with the purport of the basic principles and based

on the appropriate sharing of roles with the State.

(Efforts, etc. of Fishery Household)

Article 6 (1) Fishery household and organization relevant to fisheries shall

endeavor proactively for the realization of the basic principles in operating

fisheries and other relevant activities.

(2) Those who are engaged in activities relevant to taking aquatic animals and

plants, other than fishery operators, shall cooperate with implementation of

the measures for fisheries established by the State and local government.

(Support of Efforts by Fishery Household)

Article 7 The State and local governments shall, in taking measures for fisheries,

aim at supporting voluntary efforts of fishery household and fisheries

organizations.

(Role of Consumers)

Article 8 Consumers shall be encouraged to gain better understanding of

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fisheries to positively improve their consumption of marine products.

(Legislative Measures)

Article 9 The Government shall take necessary legislative, fiscal and financial

measures to implement the policies on fisheries.

(Annual Report)

Article 10 (1) The Government shall annually submit to the Diet a report on the

trend of fisheries and the measures implemented for fisheries.

(2) The Government shall annually prepare and submit to the Diet a document

explaining the policies the Government is going to implement in view of the

report pertaining to the trend of fisheries of the preceding paragraph.

(3) The Government shall seek opinions from the Fisheries Policy Council in

preparing a document explaining the policies the Government is going to

implement as mentioned in the preceding paragraph.

Chapter II Basic Policies

Section 1 Basic Plan for Fisheries

Article 11 (1) The Government shall establish a basic plan for fisheries

(hereinafter referred to as "basic plan") for a comprehensive and systematic

promotion of the policies on fisheries.

(2) The basic plan shall set forth the following matters:

(i) Basic direction of the policies on fisheries

(ii) Target rate of marine-products self-sufficiency

(iii) Measures that the Government shall implement comprehensively and

systematically for fisheries.

(iv) In addition to what is listed in the preceding three items, matters

necessary for the comprehensive and systematic promotion of fisheries

policies.

(3) Target rate of marine products self-sufficiency listed in the second item of the

preceding paragraph shall be established, aiming at improving the rate, as a

guideline for the domestic fishery production and consumption of marine

products to identify the issues that fishery operators and other relevant person

should address.

(4) Target rate of marine products self-sufficiency listed in the second item of the

preceding paragraph shall be in harmony with the target rate of food self -

sufficiency set forth in the second item of the second paragraph of Article 15 of

Food, Agriculture and Rural Areas Basic Act (Act No.106 of 1999).

(5) Measures relevant to fishing villages referred in the basic plan shall be

developed in harmony with the national plan of comprehensive utilization,

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development and conservation of the national land.

(6) The Government shall seek opinions from the Fishery Policy Council,

pursuant to the provision of the first paragraph, in establishing the basic plan.

(7) The Government shall, pursuant to the provision of the first paragraph,

without delay, submit to the Diet and publicize the basic plan when it is

established.

(8) The Government shall revise the basic plan approximately every five years,

taking into consideration of the changes in circumstances surround fisheries,

and the result of evaluation of effectiveness of the measures on fisheries.

(9) Provisions of paragraph 6 and paragraph 7 shall apply mutatis mutandis to

the changes of the basic plan.

Section 2 Policies for Maintenance of Stable Supply of Marine Products

(Maintenance of Stable Supply of Marine Products, the Food)

Article 12 Measures for the maintenance of stable supply of marine products, the

food, shall be provided in the Food, Agriculture and Rural Areas Basic Act and

this Section.

(Appropriate Conservation and Management of Fishery Resources in Exclusive

Economic Zone)

Article 13 (1) The State shall take measures such as management of catch and

fishing effort and others necessary for an appropriate conservation and

management of fishery resources in Exclusive Economic Zone, etc. (the term

"Exclusive Economic Zone" as used in this Act shall mean the Japanese

exclusive economic zones, territorial seas, inland water and continental shelf

as provided in Article 2 of Act Concerning Exclusive Economic Zones and the

Continental Shelf (Act No.74 of 1996). The same shall apply hereinafter.),

aiming at the maintenance or recovery of fishery resources to the level that

enables maximum sustainable production.

(2) The State shall, in case when the measures provided in the preceding

paragraph give serious adverse effects to fishery management, take necessary

measures for mitigating them when it finds necessary.

(Appropriate Conservation and Management of Fishery Resources in Waters

Other Than Exclusive Economic Zone)

Article 14 The State shall, in view of Japan's important status in the global

fishery production and consumption of marine products, take measures such as

cooperation with international organizations relevant to the sustainable

utilization of fishery resources and other international framework, guidance

and supervision of Japan's fishery and others necessary for appropriate

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conservation and management of fishery resources in the waters other than

Exclusive Economic Zone, etc.

(Research and Study of Fishery Resources)

Article 15 The State shall take measures such as research, study and others

relevant to fishery resources and others necessary to contribute to an

appropriate conservation and management of living aquatic resource.

(Promotion of Propagation and Aquaculture of Aquatic Plants and Animals)

Article 16 The State shall take measures such as promotion of production and

release of seedlings of aquatic animals, improvement of aquafarms and others

necessary to promote the propagation and aquaculture of aquatic plants and

animals in harmony with environment.

(Conservation and Improvement of Growing Environment for Aquatic Plants

and Animals)

Article 17 The State shall take measures such as conservation of water quality,

protection and development of breeding grounds of aquatic plants and animals,

conservation and developments of forests and others necessary to improve the

conserve the growing environment for aquatic plants and animals.

(Maintenance and Development of Fishing Grounds in Waters Other Than

Exclusive Economic Zone)

Article 18 The State shall take measures such as conference with foreign states

on fisheries, exploration of fishery resources and others necessary to maintain

and develop the fishing grounds pertaining to the Japanese fisheries in waters

other than Exclusive Economic Zone.

(Measures for Imports and Exports of Marine Products)

Article 19 (1) The State shall take necessary measures for securing import of

marine products for which domestic production cannot meet the demands; and

shall take measures such as import restrictions, tariff rate adjustments and

other necessary measures when deemed necessary, in case certain imports give

or likely to give serious adverse effects on an appropriate conservation and

management of fishery resources or on the production of marine products that

compete against imports.

(2) The State shall take measures such as strengthening the competitiveness of

the domestic marine products, promoting market research, providing

information, encouraging dissemination activities and other necessary

measures to promote exports.

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(Promotion of International Cooperation)

Article 20 The State shall endeavor to promote international cooperating such as

technical and financial cooperation for the promotion of fisheries in the

developing regions to contribute to the long-term stability of the world's supply

and demand of marine products.

Section 3 Policies for Maintenance of Sound Development of Fisheries

(Development of Efficient and Stable Fishery Management)

Article 21 The State shall, in view of importance of enabling motivated fishery

operators to develop creative fishery management, take measures such as

improvement of conditions that helps management rationalization, promotion

of improvement of fishing boats and other facilities, promotion of joint

operation of business and others necessary for the promotion of reinforcement

of fishery management infrastructure to develop efficient and stable fishery

management.

(Promotion of Rationalized Utilization of Fishing Grounds)

Article 22 The State shall take measures such as promotion of rationalization of

utilization of fishing grounds and others necessary for the development of

efficient and sustainable fishery management.

(Development and Maintenance of Human Resources)

Article 23 (1) The State shall take necessary measures such as improving

technical and management skills of fisheries and promoting acquisition of

technical and management skills of fisheries for those who will be newly

engaged in fishery in order to develop and maintain human resources who will

be responsible for efficient and stable fishery management.

(2) The State shall take necessary measures for improvement of working

environment of employed fishery such as maintenance of safety of fish catching

and improvement of working conditions

(3) The State shall take necessary measures such as promotion of education on

fisheries to obtain better understanding and interest of the citizens in fisheries.

(Fisheries Disaster Compensation)

Article 24 (1) The State shall take necessary measures such as reasonable

compensation for disaster losses in order to prevent any possible impediment to

fishery reproduction by disasters and help stabilization of fishery management.

(2) The State shall take necessary measures for mitigating adverse significant

price changes of marine products to contribute to the stable fishery

management.

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(Sound Development of Fishery Processing Industry and Fishery Marketing)

Article 25 The State shall take necessary measures such as enhancement of

business base, promotion of coordination with fisheries and rationalization of

marine products marketing for the sound development of fishery processing

industry and fishery marketing with consideration to the reduction of adverse

effects to environment caused by the business operation and maintenance of

effective utilization of resources.

(Improvement of Fisheries Industry)

Article 26 The State shall take measures for improvement of productivity of

fisheries industry and promotion of propagation and aquaculture of aquatic

plants and animals, according to the regional characteristics, in consideration

of harmony with environments, aiming at efficient business operation, such as

improvement of fishing ports, improvement and development of fishing grounds

and others necessary for improvement of fisheries industry infrastructure.

(Development and Dissemination of Technology)

Article 27 The State shall take necessary measures for effective promotion of

research and development and dissemination of technologies relevant to

fisheries such as setting of specific goals for research and development of such

technologies, enhancement of coordination with national laboratories,

laboratories of incorporated administrative agencies, local governments and

local incorporated administrative agencies, universities and private bodies, and

promotion of dissemination activities of technologies relevant to fisheries in

accordance with regional characteristics.

(Promotion of Women's Participation in Fisheries)

Article 28 The State shall, in view of an importance of men and women secure

opportunities to participate in all activities as equal members of the society,

assess women's role in fisheries fairly and promote improvement of

environment for women to secure opportunities to participate in fisheries and

relevant activities voluntarily.

(Promotion of Activities by Elderly People)

Article 29 The State shall promote improvement of environment in which elderly

people can be satisfied with their activities relevant to fisheries in accordance

with their roles in local fisheries and their skills and capabilities for the

improvement of welfare of elderly people engaged in fishery industry.

(Comprehensive Development of Fishing Villages)

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Article 30 (1) The State shall systematically promote measures for the

comprehensive promotion of fishing villages such as promotion of fishery

industry.

(2) The State shall take necessary measures for the comprehensive promotion of

improvement of infrastructure for fishery industry, living environment

including disaster prevention, transportation, telecommunication, public

health, education and culture in accordance with regional characteristics and

welfare, in order to promote the sound development of regional fishery industry

and create pleasant and comfortable fishing villages with beautiful landscape.

(Exchange, etc. Between Urban Areas and Fishing Villages)

Article 31 The State shall take necessary measure such as promotion of

exchange between urban areas and fishing villages and rationalization of

recreational fishing vessels to enhance public understanding and interest in

fishery industry and fishing villages, and to contribute to healthy and

comfortable life.

(Enhancement of Multifunctional Measures)

Article 32 The State shall take necessary measures to gain better public

understanding and interest in the role of fishery industry and fishing villages

for the stabilization of the citizens' life and national economy, and to exert

appropriately and fully the multifunction of fishery industry and fishing

villages other than supply of marine products for the future .

Chapter III Administrative Organs and Organizations

(Improvement of Administrative Organizations)

Article 33 The State and local governments shall endeavor to cooperate in taking

measures for fisheries, and to improve administrative organizations, efficiency

and transparency of administrative management.

(Restructuring and Improvement of Organizations)

Article 34 The State shall take necessary measures for efficient restructuring

and improvement of organizations relevant to fisheries to contribute to the

realization of basic principles.

Chapter IV Fishery Policy Council

(Establishment)

Article 35 Fishery Policy Council (hereinafter referred to as "Council") is hereby

established in the Ministry of Agriculture, Forestry and Fisheries.

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(Authority)

Article 36 (1) The Council shall study and deliberate important matters for

implementing this Act, in response to the consultations by the Minister of

Agriculture, Forestry and Fisheries or other ministers concerned, in addition to

deal with the matters authorized under this Act.

(2) The Council may submit its opinions to the Minister of Agriculture, Forestry

and Fisheries or other ministers concerned, with regard to the matters

provided in the preceding paragraph.

(3) The Council shall, in addition to the matters provided in the preceding two

paragraphs, deal with the matters authorized under The Fishery Act (Act No.

267 of 1949), Fishing Port and Ground Improvement Act (Act No. 137 of 1950),

Fishing Vessel Act (Act No. 178 of 1950), Act on the Protection of Fishery

Resources (Act No. 313 of 1951), Marine Resources Development Promotion Act

(Act No. 60 of 1971), Coastal Fisheries Grounds Enhancement and

Development Program Act (Act No.49 of 1974), Special Measures Act for

Improvement and Reconstruction of Fisheries Management (Act No. 43 of 1976),

Act Concerning Conservation and Management of Marine Life Resources (Act

No. 77 of 1996), and Act on Maintenance of Sustainable Aquaculture

Production (Act No. 51 of 1999).

(Organization)

Article 37 (1) The Council shall be comprised of not more than 30 members.

(2) The Council members shall be appointed by the Minister of Agriculture,

Forestry and Fisheries from persons with relevant knowledge and experience

with regard to the matters provided in the first paragraph of the preceding

article.

(3) The Council members shall serve on part-time basis.

(4) In addition to what is provided in paragraph 2, the Council staff provided by

Cabinet Order, shall be appointed by the Minister of Agriculture, Forestry and

Fisheries.

(Request of Document Submission)

Article 38 The Council may request the heads of competent administrative

organs to submit materials, offer their opinions, explanations and other

necessary cooperation as deemed necessary for the execution of their affairs

under the jurisdiction.

(Authorization)

Article 39 Matters necessary for organization and administration of the Council

shall, in addition to what is provided in this Act, be provided by Cabinet Order.

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Supplementary Provisions

(Effective Date)

Article 1 This Act shall enter into force on the day of promulgation.

(Abolition of Coastal Fisheries Promotion Act)

Article 2 Coastal Fisheries Promotion Act (Act No. 165 of 1963) shall be

abolished.

(Transitional Measures)

Article 3 (1) When this Act became into force, if a report as provided in the

preceding paragraph on Article 7 of Coastal Fisheries Promotion Act before its

abolishment (hereinafter referred to as "old act"), has not been submitted to

the Diet in 2001, the provisions then in force shall remain applicable to the

submission of the report on Article 7 to the Diet.

(2) If a report, as provided in Article 7 of old act, was submitted to the Diet prior

to the effective date of this Act, or in case a report, as provided in the

preceding paragraph, was submitted to the Diet as a report on Article 7 of old

act under the provisions then in force, these reports shall be deemed as the

reports submitted to the Diet as provided in paragraph 1 of Article 10.

(3) When this Act became into force, if a document as referred in Article 7 of old

act has not been submitted to the Diet in 2001, the provisions in force then

shall remain applicable to the submission of the document to the Diet.

(4) If a document, as provided in Article 7 of old act, was submitted to the Diet

prior to the effective date of this Act, or in case a document, as provided in the

preceding paragraph, was submitted to the Diet as a document on Article 7 of

old act under the provisions then in force, these documents shall be deemed as

the documents submitted to the Diet as provided in paragraph 2 of Article 10.

Supplementary Provisions [Act No. 92 of June 29, 2001 Extract] [Extract]

(Effective Date)

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

Supplementary Provisions [Act No.73 of June 19, 2002 Extract] [Extract]

(Effective Date)

Article 1 This Act shall come into force as from the date specified by a Cabinet

Order within a period not exceeding 3 months from the day of promulgation.

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Supplementary Provisions [Act No.119 of July 16, 2003 Extract] [Extract]

(Effective Date)

Article 1 This Act shall come into force as from the effective date of Act on

Regional Incorporated Administrative Agency (Act No.180 of 2003) (Effective

date: April 1, 2004)

(Delegation of Other Transitional Measures to Cabinet Order)

Article 6 Transitional Measures, other than those provided in this

Supplementary Provisions, necessary for enforcement of this Act shall be

provided by Cabinet Order.

Supplementary Provisions [Act No.89 of July 29, 2005 Extract] [Extract]

(Effective Date)

Article 1 This Act shall come into force as from the date specified by a Cabinet

Order (hereinafter referred to as "effective date") within a period not exceeding

6 months from the day of promulgation.

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