Published: 2007
Key Benefits:
Act on the Protection of Fishery Resources
(Act No. 313 of December 17, 1951)
Table of Contents
Chapter I General Provisions (Article 1 - 3)
Chapter II Protection and Culture of Fishery Resources (Article 4 - 28)
Section 1 Restriction, etc. on the Harvest of Aquatic Animals and Plants
(Article 4 - 13)
Section 1-2 Import Quarantine of Aquatic Animals (Article 13-2 - 13-5)
Section 2 Protected Water Surfaces (Article 14 - 19)
Section 3 Protection and Culture of Anadromous Fish (Article 20 - 26)
Section 4 Securement of Seeds and Seedlings of Aquatic Animals and Plants
(Articles 27 and 28)
Chapter III Research of Fishery Resources (Articles 29 and 30)
Chapter IV Aid (Article 31)
Chapter V Miscellaneous Provisions (Article 32 - 35-3)
Chapter VI Penal Provisions (Article 36 - 41)
Supplementary Provisions
Chapter I General Provisions
(Purpose of This Act)
Article 1 The purpose of this Act is to ensure the protection and culture of
fishery resources, to maintain those advantages for the future, and thereby to
contribute to the development of fishery.
(Scope of Application)
Article 2 Provisions of this Act shall not apply to water surfaces that are not
used for public purposes unless otherwise specifically provided.
Article 3 Provisions of this Act shall apply to water surfaces that are not used
for public purposes but constitute an integral part being connected to water
surfaces that are used for public purpose.
Chapter II Protection and Culture of Fishery Resources
Section 1 Restrictions, etc. on the Harvest of Aquatic Animals and Plants
(Order on Restrictions, etc. on the Harvest of Aquatic Animals and Plants)
Article 4 (1) In the event that the Minister of Agriculture, Forestry and
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Fisheries or the prefectural governor deems it necessary for the protection and
culture of fishery resources, the Minister or the prefectural governor may
prohibit the fishery (which is limited to that pertaining to the harvest of
aquatic animals or plants) undertaken by fishing or a specific method for
fishing provided for in the Ordinance of the Ministry of Agriculture, Forestry
and Fisheries or the Rules in an attempt to harvest specific kinds of aquatic
animals or plants provided for in the Ordinance of the Ministry of Agriculture,
Forestry and Fisheries or the Rules, or require such fishery to obtain the
permission of the Minister of Agriculture, Forestry and Fisheries or of the
prefectural governor as provided for in the Ordinance of the Ministry of
Agriculture, Forestry and Fisheries or the Rules.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries or the
prefectural governor deems it necessary for the protection and culture of
fishery resources, the Minister or the prefectural governor may establish an
Ordinance of the Ministry of Agriculture, Forestry and Fisheries or the Rules
concerning the following items:
(i) Restriction or prohibition pertaining to the harvest of aquatic animals or
plants (excluding the prohibition of the undertaking of fishery, or the
requirement to obtain a permission of the Minister of Agriculture, Forestry
and Fisheries or of the prefectural governor, pursuant to the provision set
forth in the preceding paragraph);
(ii) Restriction or prohibition pertaining to the sale or possession of aquatic
animals or plants;
(iii) Restriction or prohibition pertaining to fishing equipment or fishing
vessels;
(iv) Restriction or prohibition pertaining to the abandonment, leaking or
elimination of objects, or to water pollution, harmful to aquatic animals or
plants;
(v) Restriction or prohibition pertaining to the harvest or removal of objects
necessary for the protection and culture of aquatic animals or plants;
(vi) Restriction or prohibition pertaining to the transplantation of aquatic
animals or plants.
(3) The Ordinance of the Ministry of Agriculture, Forestry and Fisheries or the
Rules pursuant to the provision set forth in the preceding paragraph may have
necessary penal provisions.
(4) Punishment that may be set forth in the penal provisions set forth in the
preceding paragraph shall be imprisonment with work for not more than 2
years, a fine of no more than five hundred thousand yen, misdemeanor
imprisonment without work or a petty fine, or their cumulative imposition in
case of the Ordinance of the Ministry of Agriculture, Forestry and Fisheries,
and imprisonment with work for not more than 6 months, a fine of no more
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than one hundred thousand yen, misdemeanor imprisonment without work or a
petty fine, or their cumulative imposition in the case of the Rules.
(5) Ordinances of the Ministry of Agriculture, Forestry and Fisheries or the Rules
pursuant to the provision of paragraph 2 may have provisions pertaining to the
confiscation of fish catches, fishing vessels, fishing equipment or other articles
used for the harvest of aquatic animals and plants and aquatic animals or
plants under item (vi) of said paragraph owned or possessed by offenders and
pertaining to the collection of the equivalent value in the event that it is
impossible to confiscate in whole or in part these items owned by the offenders.
(6) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to establish an Ordinance of the Ministry of Agriculture, Forestry and
Fisheries under paragraphs 1 and 2, he/she shall hear the opinion of the
Fisheries Policy Council.
(7) In the event that the prefectural governor intends to establish Rules under
paragraphs 1 and 2, he/she shall obtain the authorization of the Minister of
Agriculture, Forestry and Fisheries.
(8) In the event that the prefectural governor intends to establish the Rules
under paragraphs 1 and 2, he/she shall hear the opinion of the concerned sea
area fisheries adjustment commission in case of those pertaining to the
seawater surface set forth in paragraph 1 of Article 84 (Establishment of Sea
Area Fisheries Adjustment Commission) of the Fishery Act (Act No. 267 of
1949) and of the fresh-water fisheries coordination commission in case of those
pertaining to the freshwater surface set forth in paragraph 3 of Article 8
(Definition of Freshwater Surface) of said Act.
(9) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to establish or authorize an Ordinance of the Ministry of Agriculture, Forestry
and Fisheries or Rules pertaining to the items listed in items (iv) or (v) of
paragraph 2 that pertain to a river to which the River Act (Act No. 167 of 1964)
applies or applies mutatis mutandis (hereinafter referred to as "River") or to
the land designated by the Minister of Land, Infrastructure and Transport
pursuant to the provision of Article 2 (Designated Land) of the Erosion Control
Act (Act No. 29 of 1897) (hereinafter referred to as "Designated Land"), he/she
shall consult with the Minister of Land, Infrastructure and Transport in
advance.
(10) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to establish or authorize an Ordinance of the Ministry of Agriculture, Forestry
and Fisheries or Rules pertaining to the items listed in items (iv) of paragraph
2, he/she shall consult with the Minister of Economy, Trade and Industry in
advance.
(Restriction on Fishing Methods)
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Article 5 The harvest of aquatic animals and plants by using explosives shall not
be allowed; provided, however, that this shall not apply to the harvest of sea
creatures.
Article 6 The harvest of aquatic animals and plants by using poisonous
substances that paralyze or kill them shall not be allowed; however, this shall
not apply to the harvest in freshwater surfaces set forth in Article 127 of the
Fishery Act for research and study purposes with the permission of the
Minister of Agriculture, Forestry and Fisheries.
Article 7 Aquatic animals and plants harvested in violation of the provisions of
the preceding two Articles shall not be possessed nor sold.
(Water Surfaces not Used for Public Purpose)
Article 8 A Cabinet Order may enable the provisions of Article 4 through to the
preceding Article and of penal provisions pertaining to them to be applicable to
water surfaces not used for public purposes that are connected to the water
surfaces used for public purpose or to those water surfaces under Article 3.
(Prescribed Number of Permitted Fishing Vessels)
Article 9 (1) In the event that the Minister of Agriculture, Forestry and
Fisheries deems it necessary for the protection of fishery resources, he/she may
provide for the maximum number of fishing vessels, by the category of fishery
and by the water area, that may engage in the fishery (hereinafter referred to
as "Prescribed Number"), by an Ordinance of the Ministry of Agriculture,
Forestry and Fisheries, for fishery that require the permission of the Minister
of Agriculture, Forestry and Fisheries pursuant to the provisions of paragraph
1 or 2 (Order on Fishery Adjustment) of Article 65 of the Fishery Act and the
provision of the Ordinance of the Ministry of Agriculture, Forestry and
Fisheries based on the provisions of paragraph 1 or 2 of Article 4 of this Act.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to provide for the Prescribed Number set forth in the preceding paragraph,
he/she shall take the present status of fishery resources, the number of persons
who actually undertake such fishery and other natural and social conditions
into comprehensive consideration.
(3) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to provide for the Prescribed Number, he/she shall hear the opinion of the
Fisheries Policy Council.
(Rescission and Change of Permission due to Exceeding the Prescribed
Number)
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Article 10 (1) In the event that the number of fishing vessels that actually have
permission for fishery in respect of the category and water area of the fishery
(including the authorization for the establishment of a new business relating to
fishery; the same shall apply hereinafter) exceeds the Prescribed Number when
it has been provided for pursuant to the provisions of the preceding Article, the
Minister of Agriculture, Forestry and Fisheries shall designate the date of
rescission of the permission pertaining to such fishery, or the operating area of
such fishery to be changed and the date of change, for the number of fishing
vessels in excess in accordance with the standard provided for in the Ordinance
of the Ministry of Agriculture, Forestry and Fisheries, taking the following
items into consideration:
(i) Number of fishing vessels for which respective fishery operators have
permission in respect of the category and water area of such fishery;
(ii) Frequency of voyages, principal place of operation, number of days of
operation, number of times of casting nets, fish catches volume and other
operational circumstances of fishing vessels engaging in such fishery;
(iii) Working conditions such as wage and other remuneration;
(iv) Degree to which the economy of respective fishery operators depends on
such fishery.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to provide for the standard set forth in the preceding paragraph, he/she shall
hear the opinion of the Fisheries Policy Council.
(3) In the event that the Minister of Agriculture, Forestry and Fisheries deems it
necessary when he/she renders the designation under paragraph 1, with regard
to fishing vessels that have permission to fish in respect of the category and
water area of such fishery and that are not designated under said paragraph,
he/she may designate the place of operation for such fishing vessels to be
changed and the date of change.
(4) The designation under paragraph 1 or the preceding paragraph shall be made
by public notice.
(5) In the event that public notice set forth in the preceding paragraph is given,
it shall be considered that the permission pertaining to such fishery is
rescinded, or the place of operation is changed, on the designated date,
regardless of its valid period.
(6) The designation pursuant to the provisions of paragraph 1 or 3 shall be made
within the scope in which the total amount of compensation pursuant to the
provision of the following Article that becomes necessary by reason of such
designation does not exceed the amount of budget that is approved by the Diet.
(Compensation for Loss)
Article 11 (1) The national government shall compensate for the loss arising
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from the rescission of the permission or change of operation area pursuant to
the provision of paragraph 5 of the preceding Article to persons who received
such disposition.
(2) The loss to be compensated pursuant to the provision set forth in the
preceding paragraph shall be the loss that would normally arise out of the
disposition under said paragraph.
(3) The amount of compensation set forth in the preceding paragraph shall be
decided by the Minister of Agriculture, Forestry and Fisheries upon hearing
the opinion of the Fisheries Policy Council and shall be announced by a public
notice.
(4) The payment method of the compensation shall be provided for in a Cabinet
Order.
(5) Any person who is not satisfied with the amount of compensation publicly
notified pursuant to the provision of paragraph 3 may demand an increase to
the amount by filing a suit within six months after the day of public notice.
(6) The national government shall be a defendant in the suit set forth in the
preceding paragraph.
(Measures for Persons Engaging in Fishery)
Article 12 Persons whose permission is rescinded pursuant to the provision of
paragraph 5 of Article 10 shall pay the amount provided for in the Ordinance of
the Ministry of Agriculture, Forestry and Fisheries, out of the compensation
paid, to the persons who are on board the fishing vessels for which the
permission is given, or who are engaged in shore-based work for such fishing
vessels, as of the day of public notice under paragraph 4 of said Article.
(Limitation of Fish Catches)
Article 13 (1) In the event that the Minister of Agriculture, Forestry and
Fisheries deems it necessary for the protection of fishery resources, he/she may,
in respect of the fishery that requires the permission of the Minister of
Agriculture, Forestry and Fisheries pursuant to the provisions of paragraph 1
or 2 of Article 65 of the Fishery Act and the provisions of the Ordinances of the
Ministry of Agriculture, Forestry and Fisheries based on the provisions of
paragraph 1 or 2 of Article 4 of this Act, provide for a maximum limitation of
the annual quantity of fish to be caught by such fishery by the category of
fishery or by the kind of fish catches and water area (hereinafter referred to as
"Fish Catches Limitation") and recommend concerned business operators or
their organizations to take measures so as not to catch a quantity of f ish
exceeding such limitation.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to provide for the Fish Catches Limitation set forth in the preceding paragraph,
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he/she shall hear the opinion of the Fisheries Policy Council.
Section 1-2 Import Quarantine on Aquatic Animals
(Permission for Import)
Article 13-2 (1) Any person who intends to import aquatic animals that could be
infected with a disease or diseases subject to import quarantine (which means
infectious diseases of aquatic animals falling under specified diseases set forth
in paragraph 2 of Article 2 of the Act on Maintenance of Sustainable
Aquaculture Production (Act No. 51 of 1999) and other infectious diseases of
aquatic animals provided for in the Ordinances of the Ministry of Agriculture,
Forestry and Fisheries; the same shall apply hereinafter) and that are provided
for in the Ordinances of the Ministry of Agriculture, Forestry and Fisheries as
well as their containers and packages (including objects that are contained in
such containers and packages or those wrapped with such containers and
packages and that are not the aquatic animals in question; the same shall
apply hereinafter) shall obtain the permission of the Minister of Agriculture,
Forestry and Fisheries.
(2) Any person who intends to obtain the permission set forth in the preceding
paragraph shall submit, as provided for in the Ordinance of the Ministry of
Agriculture, Forestry and Fisheries, a written application in which the kind
and quantity, origin, time and place of import of such aquatic animals and
other items provided for in the Ordinance of the Ministry of Agriculture,
Forestry and Fisheries are described to the Minister of Agriculture, Forestry
and Fisheries with an inspection certificate issued by the governmental
organization of the exporting country in which the content is described, or its
copy attached to the effect that it is confirmed or believed that the aquatic
animals in question are not infected with a disease or diseases subject to
import quarantine as a result of inspection conducted by such organization.
(3) In the event that an application for the permission under paragraph 1 is
made and that the aquatic animals and their containers and packages
pertaining to such application fall under any of the following items, the
Minister of Agriculture, Forestry and Fisheries shall grant the permission
under said paragraph:
(i) It is considered by the inspection certificate or its copy set forth in the
preceding paragraph that any pathogens of diseases subject to import
quarantine would not be widely spread;
(ii) It is considered that the implementation of measures pertaining to the
order pursuant to the provision of paragraph 1 of the following Article would
prevent the any pathogens of diseases subject to import quarantine from
spreading widely.
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(4) When the Minister of Agriculture, Forestry and Fisheries grants the
permission under paragraph 1, he/she shall issue a certificate of import
permission to a person who obtains the permission as provided for in the
Ordinances of the Ministry of Agriculture, Forestry and Fisheries.
(Order at the Time of Permission)
Article 13-3 (1) In the event that it is impossible to consider, judging from the
situation in the exporting country and other circumstances, that the aquatic
animals and their containers and packages pertaining to the application for
permission under paragraph 1 of the preceding Article would not widely spread
pathogens of diseases subject to import quarantine only by the inspection
certificate or its copy under paragraph 2 of the preceding Article, the Minister
of Agriculture, Forestry and Fisheries may, when he/she grants the permission
under paragraph 1 of the preceding Article, order the person who has made the
application to control such aquatic animals and their containers and packages
by the methods provided for in the Ordinances of the Ministry of Agriculture,
Forestry and Fisheries for the period provided for in the Ordinances of the
Ministry of Agriculture, Forestry and Fisheries, taking the incubation period of
the diseases subject to import quarantine into consideration.
(2) In the event that the person who is ordered pursuant to the provision set
forth in the preceding paragraph finds during the period in said paragraph
that such aquatic animals are, or could be, infected with a disease or diseases
subject to import quarantine, he/she shall receive an inspection conducted by
the Minister of Agriculture, Forestry and Fisheries as provided for in the
Ordinances of the Ministry of Agriculture, Forestry and Fisheries.
(3) The person who is inspected under the preceding paragraph shall control such
aquatic animals and their containers and packages by the method provided for
in the Ordinances of the Ministry of Agriculture, Forestry and Fisheries under
paragraph 1 until notified of the result of such inspection.
(Order of Incineration)
Article 13-4 In the event that the Minister of Agriculture, Forestry and Fisheries
considers as a result of the inspection under paragraph 2 of the preceding
Article that the aquatic animals pertaining to the application for permission
under paragraph 1 of Article 13-2 are infected with a disease or diseases
subject to import quarantine, he/she may order the person who owns or
controls such aquatic animals and their containers and packages to incinerate,
bury, sanitize, or take other necessary measures for such aquatic animals and
their containers and packages, preserve and other objects to which the
pathogen of the disease or diseases subject to import quarantine is, or could be,
attached.
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(Report and On-site Inspection)
Article 13-5 (1) The Minister of Agriculture, Forestry and Fisheries may, to the
limit necessary for the execution of the provision of this Section, require a
person who intends to import, or has imported, aquatic animals and their
containers and packages and other concerned persons to report necessary
matters in connection with such import, or may cause its employees to enter
workplaces, offices or facilities of such persons where aquatic animals are
controlled and inspect aquatic animals, containers and packages, documents
and other objects.
(2) Employees who engage in the on-site inspection pursuant to the provision set
forth in the preceding paragraph shall carry a certificate that shows their
status and produce it to concerned persons.
(3) The authority of the on-site inspection pursuant to the provision of paragraph
1 shall not be construed to have been granted for the investigation of a crime.
Section 2 Protected Water Surfaces
(Definition of Protected Water Surface)
Article 14 "Protected Water Surface" as used in this Act means a water surface
where aquatic animals lay eggs, juvenile fish grow or where it is appropriate
for seeds and seedlings of aquatic animals and plants to generate and is
designated by a prefectural governor or the Minister of Agriculture, Forestry
and Fisheries as a water surface for which necessary measures should be taken
for its protection and culture.
(Designation of Protected Water Surface)
Article 15 (1) In the event that the prefectural governor deems it necessary for
the protection and culture of aquatic animals and plants, he/she may designate
a Protected Water Surface upon hearing the opinion of the Fisheries Policy
Council and in accordance with the standard provided for by the Minister of
Agriculture, Forestry and Fisheries.
(2) In the event that the prefectural governor intends to designate a Protected
Water Surface pursuant to the provision set forth in the preceding paragraph,
he/she shall consult with the Minister of Agriculture, Forestry and Fisheries in
advance and obtain his/her consent.
(3) In the event that a prefectural governor intends to designate the Protected
Water Surface pursuant to the provision of paragraph 1, he/she shall hear the
opinion of the sea area fisheries adjustment commission established in the
specified sea area for such Protected Water Surface if the Protected Water
Surface to be designated belongs to the seawater surface set forth in paragraph
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1 of Article 84 of the Fishery Act, and of the fresh-water fisheries coordination
commission if the Protected Water Surface to be designated belongs to the
freshwater surface set forth in paragraph 3 of Article 8 of said Act.
(4) In the event that the Minister of Agriculture, Forestry and Fisheries deems it
specifically necessary for the protection and culture of aquatic animals and
plants, he/she may designate a Protected Water Surface, notwithstanding the
provision under paragraph 1, in accordance with the standard set forth in said
paragraph.
(5) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to designate a Protected Water Surface pursuant to the provision set forth in
the preceding paragraph, he/she shall hear the opinion of the prefectural
governor that has the jurisdiction over the water surface to which the
Protected Water Surface to be designated belongs.
(6) The provision of paragraph 3 shall apply mutatis mutandis to the cases in
which the prefectural governor intends to state his/her opinion to the Minister
of Agriculture, Forestry and Fisheries pursuant to the provision set forth in the
preceding paragraph.
(7) The designation of the Protected Water Surface pursuant to the provision of
paragraph 1 or 4 shall be made by public notice of the area of the Protected
Water Surface.
(Change to Area of Protected Water Surface)
Article 15-2 (1) In the event that the Protected Water Surface becomes no longer
conformable to the standard set forth in paragraph 1 of the preceding Article or
that it becomes necessary by reason of the development of other situation, the
prefectural governor or the Minister of Agriculture, Forestry and Fisheries
shall change the area of the Protected Water Surface designated by him/her, or
cancel such designation, without delay.
(2) Provisions of paragraphs 2, 3, 5 through to 7 of the preceding Article shall
apply mutatis mutandis to the change or cancellation pursuant to the provision
set forth in the preceding paragraph.
(Administrator of Protected Water Surface)
Article 16 The administration of the Protected Water Surface shall be conducted
by the prefectural governor or the Minister of Agriculture, Forestry and
Fisheries that has designated said Protected Water Surface.
(Administration Plan for Protected Water Surface)
Article 17 (1) In the event that the prefectural governor or the Minister of
Agriculture, Forestry and Fisheries designates a Protected Water Surface
pursuant to the provision of paragraph 1 or 4 of Article 15, he/she shall
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establish an administration plan for such Protected Water Surface.
(2) In the administration plan for the Protected Water Surface set forth in the
preceding paragraph, the following items shall be at least set forth:
(i) The kind of aquatic animals and plants to be bred/grown as well as the
method of breeding/growth and the outline of the breeding/growing facility;
(ii) The kind of aquatic animals and plants for which the harvest is restricted
or prohibited, and details of such restrictions or prohibition;
(iii) Fishing equipment or vessels that are restricted or prohibited, and details
of such restrictions or prohibition;
(3) In the event that a prefectural governor intends to establish or change the
administration plan for the Protected Water Surface administrated by him/her,
he/she shall consult with the Minister of Agriculture, Forestry and Fisheries in
advance for the matters listed in each item of the preceding paragraph and
shall obtain his/her consent.
(4) Provisions of paragraphs 3, 5 and 6 of Article 15 shall apply mutatis
mutandis to cases where the administration plan for the Protected Water
Surface under paragraph 1 is intended to be established or changed.
(5) When the Minister of Agriculture, Forestry and Fisheries finds it specifically
necessary for the protection and culture of aquatic animals and plants, he/she
may instruct the prefectural governor to change the administration plan for
the Protected Water Surface administrated by him/her. In this case, the
provisions of paragraphs 5 and 6 of Article 15 shall apply mutatis mutandis.
(Restriction. on Work)
Article 18 (1) Any person who intends to carry out land reclamation work or
dredging or work that causes the flow volume or water level of waterway or the
River to change within the area of the Protected Water Surface (excluding the
area pertaining to the River, the Designated Land or the area of ports and
harbors set forth in paragraph 3 of Article 2 (Definition of Area of Port and
Harbor) of the Ports and Harbors Act (Act No. 218 of 1950) or the water area
set forth in paragraph 1 of Article 56 of said Act (Port and Harbor without
Designation of Area of Port and Harbor)(which is collectively referred to in
paragraph 5 as the "Area of Port and Harbor") shall obtain the permission of
the prefectural governor or the Minister of Agriculture, Forestry and Fisheries
that administrates such Protected Water Surface as provided for in a Cabinet
Order.
(2) In the event that the prefectural governor or the Minister of Agriculture,
Forestry and Fisheries considers that work carried out without obtaining the
permission set forth in the preceding paragraph seriously influences the
administration of such Protected Water Surface, he/she may order the person
who carries out such work to change such work or to restore such water surface
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to its original state.
(3) In the event that the Minister of Land, Infrastructure and Transport, the
prefectural governor or the mayor of a municipality intends to carry out, or
cause to carry out, the work listed in paragraph 1 for the River or the
Designated Land, or that such work is carried out within the area of the
Protected Water Surface when he/she grants permission pursuant to the
provisions of Article 23 through to Article 27 or Article 29 (Permission, etc. for
Use of River) of the River Act, or permission pertaining to the restrictions
pursuant to the provision of Article 4 (Prohibition and Restriction on Certain
Acts in Designated Land) of the Erosion Control Act, he/she shall consult with
the prefectural governor or the Minister of Agriculture, Forestry and Fisheries
that administrates such Protected Water Surface in advance as provided for in
a Cabinet Order.
(4) In the event that the administrator of the River set forth in Article 16
(Approval of Collection Plan) of the Gravel Gathering Act (Act No. 74 of 1968)
intends to grant an approval pursuant to the provision of said Article or
paragraph 1 of Article 20 (Approval on Change) of said Act in connection with
the collection plan or change to the collection plan when the work to be carried
out based on the collection plan under said Article, or the collection plan after
the change falls under the work listed in paragraph 1 and is carried out within
the area of the Protected Water Surface, he/she shall consult with the
prefectural governor or the Minister of Agriculture, Forestry and Fisheries that
administrates such Protected Water Surface in advance as provided for in a
Cabinet Order.
(5) In the event that the Minister of Land, Infrastructure and Transport or the
administrator of a port and harbor (which means the administrator of the ports
and harbors set forth in paragraph 1 of Article 2 (Definition of Administrator of
the Port and Harbor) of the Ports and Harbors Act; the same shall apply
hereinafter) intends to carry out work listed in paragraph 1 within the Area of
Port And Harbor, or that the administrator of the port and harbor intends to
grant permission pursuant to the provision of paragraph 1 of Article 37
(Permission of Work within the Area of Port and Harbor) of said Act for such
work or to attend the consultation pursuant to the provision of paragraph 3 of
said Article (Special Exceptions to Work by the National Government, etc.
within Area of Port and Harbor), or that the prefectural governor intends to
grant permission pursuant to the provision of paragraph 1 of Article 56 of said
Act or to attend the consultation pursuant to the provision of paragraph 3 of
said Article (Mutatis Mutandis Application to Port and Harbor without
Designation of Area of Port and Harbor) or that the administrator of the port
and harbor intends to exercise the authority of the prefectural governor under
the provisions of the Act on Reclamation of Publicly-owned Water Surface (Act
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No. 57 of 1921) pursuant to the provision of paragraph 2 of Article 58
(Relationship with Act on Reclamation of Publicly-owned Water Surface) of
said Act, and that such work is conducted within the area of the Protected
Water Surface, the Minister of Land, Infrastructure and Transport, the
administrator of the port and harbor or the prefectural governor shall consult
with the prefectural governor or the Minister of Agriculture, Forestry and
Fisheries that administrates such Protected Water Surface in advance as
provided for in a Cabinet Order.
(6) In the event that it is specifically necessary for the protection and culture of
aquatic animals and plants within the area of a Protected Water Surface, the
prefectural governor or the Minister of Agriculture, Forestry and Fisheries that
administrates such Protected Water Surface may issue necessary
recommendations with regard to the work listed in paragraph 1 within such
area or structures established by such work to the Minister of Land,
Infrastructure and Transport, the prefectural governor or the administrator of
the port and harbor as provided for in a Cabinet Order.
Article 19 Repealed
Section 3 Protection and Culture of Anadromous Fish
(Artificial Hatching and Stocking to be Executed by Agency)
Article 20 (1) For each fiscal year, the Minister of Agriculture, Forestry and
Fisheries shall establish a plan concerning the artificial hatching and stocking
to be executed by the Fisheries Research Agency (hereinafter referred to as
"Agency") for the maintenance of the population of salmon and trout among
anadromous fish.
(2) The plan set forth in the preceding paragraph shall specify the River and the
number of stock in which the artificial hatching and stocking are executed in
the relevant fiscal year.
(3) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to establish a plan under paragraph 1, he/she shall hear the opinion of the
Fisheries Policy Council.
(4) In the event that the Minister of Agriculture, Forestry and Fisheries has
established a plan under paragraph 1, he/she shall announce it publicly and
notify the Agency without delay.
(5) In the event that the Agency has received the notice pursuant to the provision
set forth in the preceding paragraph, it shall execute the artificial hatching
and stocking in accordance with such plan.
(Sharing of Expense by Beneficiaries)
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Article 21 In the event that persons who undertake fishery to catch salmon and
trout among anadromous fish substantially benefit by the artificial hatching
and stocking under paragraph 1 of the preceding Article, the Agency may cause
such persons to share a part of the expense required for the execution of the
artificial hatching and stocking by obtaining the approval of the Minister of
Agriculture, Forestry and Fisheries as provided for in the Ordinances of the
Ministry of Agriculture, Forestry and Fisheries.
(Protection of the Route for Anadromous Fish)
Article 22 (1) Owners or possessors of structures established on water surfaces
which are a route for anadromous fish shall administrate such structures so
that they do not interfere with the run of the anadromous fish.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries or a
prefectural governor considers that the owners or possessors of structures set
forth in the preceding paragraph fail to perform the administration of the
structures pursuant to the provision of said paragraph, he/she may order such
persons to administrate them in accordance with the provision of said
paragraph.
(3) In the event that a prefectural governor has issued an order pursuant to the
provision set forth in the preceding paragraph, he/she shall report the fact to
the Minister of Agriculture, Forestry and Fisheries without delay.
Article 23 (1) In the event that the Minister of Agriculture, Forestry and
Fisheries considers that the route for anadromous fish may be interfered with,
he/she may restrict or prohibit the establishment of structures within a certain
area of the water surface.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries intends
to impose a restriction pursuant to the provision set forth in the preceding
paragraph, he/she may do so by ordering the person who intends to establish
such structures to establish a route for anadromous fish or an alternative
facility that can act as a substitute for such route, or if he/she considers that it
is extremely difficult to establish such a route for anadromous fish or the
alternative facility that can act as a substitute for such route, he/she may do so
by ordering the person to establish a facility or take measures necessary for
the breeding of anadromous fish or other fish within said water surface.
(3) Persons who are ordered pursuant to the provision set forth in the preceding
paragraph shall prepare a plan for the matter so ordered and obtain the
approval of the Minister of Agriculture, Forestry and Fisheries for such plan as
provided for in the Ordinances of the Ministry of Agriculture, Forestry and
Fisheries.
14
Article 24 (1) In the event that the Minister of Agriculture, Forestry and
Fisheries considers that the structure interferes with the route for the
anadromous fish, he/she may order the owners or possessors of such structure
to carry out work to remove the interference.
(2) In the event that the work to remove the interference is ordered pursuant to
the provision set forth in the preceding paragraph, such order shall be issued
within the scope of which the total amount of compensation pursuant to the
provision of the following paragraph does not exceed the amount of budget that
is approved by the Diet.
(3) In the event that the Minister of Agriculture, Forestry and Fisheries orders
work to remove the interference pursuant to the provision of paragraph 1,
he/she shall give reasonable compensation to persons having rights concerning
such structure; however, if he/she orders work to remove the interference
pursuant to the provision of paragraph 1 to a person who violates the order
pursuant to the provision of paragraph 2 of Article 22, he/she shall not
compensate such person.
(4) In the event that the order for work to remove the interference pursuant to
the provision of paragraph 1 is issued based on an application by interested
persons, such applicants shall give compensation pursuant to the provision of
the main clause of the preceding paragraph as provided for by the Minister of
Agriculture, Forestry and Fisheries.
(5) Any person who is dissatisfied with the amount of compensation under the
preceding two paragraphs may demand an increase or decrease in such amount
by a lawsuit within six months after the day on which he/she receives notice of
the decision on the amount of compensation.
(6) In the lawsuit set forth in the preceding paragraph, the national government
shall be the defendant; however, in the case of paragraph 4, the applicant or
persons having rights concerning the structure shall be the defendant.
(7) In the event that the order for work to remove the interference (structure)
pursuant to the provision of paragraph 1 is issued and any statutory lien,
pledge or mortgage exists on such structure, the Minister of Agriculture,
Forestry and Fisheries or the applicant under paragraph 4 shall deposit the
compensation under paragraph 3 or 4, except for cases in which an application
is made by such statutory lien holder, pledgee or mortgagee to the effect that
the deposit may not be necessary.
(8) The statutory lien holder, pledgee or mortgagee set forth in the preceding
paragraph shall be entitled to exercise their rights to the compensation
deposited pursuant to the provision of said paragraph.
(Prohibition on Harvest of Salmon in Freshwater Surfaces)
Article 25 In freshwater surfaces set forth in paragraph 3 of Article 8 of the
15
Fishery Act, among anadromous fish, salmon shall not be harvested; provided,
however, that this shall not apply to the harvest by persons who have obtained
a license for fishery, or by persons who have obtained permission of the
Minister of Agriculture, Forestry and Fisheries or prefectural governor
pursuant to the provisions of the Ordinances of the Ministry of Agriculture,
Forestry and Fisheries or the Rules based on the provision of paragraph 1 or 2
of Article 65 of said Act or paragraph 1 or 2 of Article 4 of this Act.
(Water Surfaces Not Used for Public Purpose)
Article 26 Provisions from Article 22 through to the preceding Artic le and the
penal provisions pertaining to these may be made applicable by a Cabinet
Order to water surfaces that are not used for public purpose but are connected
to water surfaces that are used for public purpose or to water surfaces under
Article 3.
Section 4 Securement of Seeds and Seedlings of Aquatic Animals and
Plants
(Obligation of Notification)
Article 27 Persons who intend to harvest or produce seeds and seedlings of
aquatic animals and plants provided for in the Ordinance of the Ministry of
Agriculture, Forestry and Fisheries on a regular basis and with the purpose of
sale shall notify the Minister of Agriculture, Forestry and Fisheries to such
effect as provided for in the Ordinances of the Ministry of Agriculture, Forestry
and Fisheries. The same shall apply when the business is abolished.
(Instruction for Production and Distribution)
Article 28 In the event that the Minister of Agriculture, Forestry and Fisheries
deems it necessary to secure the seeds and seedlings of aquatic animals and
plants set forth in the preceding Article, he/she may issue necessary
instructions to persons set forth in said Article for the production or
distribution of seeds and seedlings of such aquatic animals and plants as
provided for in the Ordinances of the Ministry of Agriculture, Forestry and
Fisheries.
Chapter III Research of Fishery Resources
(Research of Fishery Resources)
Article 29 In order to achieve the purpose of this Act, the Minister of Agriculture,
Forestry and Fisheries shall carry out scientific research on fishery whose
categories are recognized to be necessary for the protection and culture of
16
fishery resources, in respect of fish catch volumes, the situation of operation
and condition of the sea.
(Collection of Reports)
Article 30 (1) In the event that the Minister of Agriculture, Forestry and
Fisheries or a prefectural governor deems it necessary to carry out research
under the preceding Article, he/she may cause persons who operate or engage
in fishery to report the volume of fish catches, time, method and other
necessary items.
(2) The prefectural governor shall report the result of reports obtained pursuant
to the provision set forth in the preceding paragraph to the Minister of
Agriculture, Forestry and Fisheries.
Chapter IV Aid
(Aid)
Article 31 In order to achieve the purpose of this Act, the national government
may support a part of expense listed under the following within the scope of
the budget:
(i) Expense required for the administration of the Protected Water Surface
carried out by the prefectural governor based on the administration plan;
(ii) Expense required for owners or possessors of structures established in the
water surface that constitutes the route for anadromous fish (excluding those
who are ordered to carry out work to remove the interference pursuant to the
provision of paragraph 1 of Article 24) to establish or repair the facility set
forth in paragraph 2 of Article 23 in such water surface;
(iii) Expense required for persons other than the Agency to carry out the
artificial hatching and stocking of salmon or trout among anadromous fish.
Chapter V Miscellaneous Provisions
(Guidance Officer for Fishery Resources Protection and Guidance Agent for
Fishery Resources Protection)
Article 32 (1) The Minister of Agriculture, Forestry and Fisheries shall appoint
guidance officers for the protection of fishery resources from among employees
under his/her jurisdiction to cause them to handle office work concerning the
guidance and dissemination of matters relating to the protection and culture of
the fishery resources or concerning the compliance with this Act and orders
based on this Act.
(2) A prefectural governor may appoint guidance agents for the protection of
fishery resources from among employees under his/her jurisdiction to cause
17
them to handle office work concerning the guidance and dissemination of
matters relating to the protection and culture of the fishery resources or
concerning the compliance with this Act and orders based on this Act.
(Office Work Handled by Prefecture)
Article 32-2 It may be possible to cause a part of office work set forth in this Act
and under the authority of the Minister of Agriculture, Forestry and Fisheries
to be handled by a prefectural governor as provided for in a Cabinet Order.
(Cooperation for the Protection and Culture of Fishery Resources)
Article 33 In the event that the prefectural governor deems it necessary for the
protection and culture of fishery resources, he/she may ask for cooperation for
the protection and culture of fishery resources from fishery cooperatives or
other persons.
(Collection of Reports by the Fisheries Policy Council)
Article 34 In the event that the Fisheries Policy Council deems it necessary to
process matters that have come to be under its authority pursuant to the
provision of Section 1 of Chapter II, it may ask persons who operate or engage
in fishery and other relevant persons to appear in person, and ask them to
make necessary reports or may cause council members or persons engaging in
its office work to carry out necessary research of fishery areas, vessels,
workplaces or offices.
(Relationship between Appeal and Suit)
Article 35 (1) A suit to rescind a disposition rendered by the Minister of
Agriculture, Forestry and Fisheries or a prefectural governor pursuant to the
provisions of the Ordinances of the Ministry of Agriculture, Forestry and
Fisheries or the Rules based on the provision of paragraph 1 or 2 of Article 4
shall not be brought unless it goes through a ruling or a determination to filing
an objection or an application for an examination of the disposition.
(2) The provision of paragraph 2 of Article 27 of the Administrative Procedure
Act (Act No. 88 of 1993) shall not apply to the disposition set forth in the
preceding paragraph.
(Division of Office Work)
Article 35-2 Office work that is made to be processed by the prefecture pursuant
to the provision of paragraphs 1, 2, 7 and 8 of Article 4 and Article 30 shall be
No. 1 statutory entrusted office work as set forth in item (i) of paragraph 9 of
Article 2 of the Local Autonomy Act (Act No. 67 of 1947).
18
(Transitional Measures)
Article 35-3 In the event that an order is established, revised or abolished
pursuant to the provisions of this Act, the order may provide for necessary
transitional measures (including transitional measures concerning penal
provisions) within the scope that is reasonably considered to be necessary as a
result of such establishment, revision or abolition.
Chapter VI Penal Provisions
Article 36 Any person who falls under any of the following items shall be
punished by imprisonment with work for not more than 3 years or a fine of no
more than two million yen:
(i) A person who undertakes fishery in violation of the prohibition pursuant to
the provision of paragraph 1 of Article 4 or who undertakes fishery without
obtaining permission pursuant to the provision of said paragraph;
(ii) A person who violates the provisions of Article 5 through to Article 7.
Article 36-2 A person who engages in importing under paragraph 1 of Article 13-
2 without obtaining permission pursuant to said paragraph shall be punished
by imprisonment with work for not more than 3 years or a fine of no more than
one million yen.
Article 37 Any person who falls under any of the following items shall be
punished by imprisonment with work for not more than 1 year or a fine of no
more than five hundred thousand yen:
(i) A person who violates orders pursuant to the provisions of paragraph 1 of
Article 13-3, Article 13-4 or paragraph 1 of Article 24;
(ii) A person who violates the provisions of paragraph 2 or 3 of Article 13-3 or
Article 25;
(iii) A person who carries out work under paragraph 1 of Article 18 without
obtaining permission pursuant to said paragraph;
(iv) A person who violates the restriction or prohibition pursuant to the
provisions of paragraph 1 or 2 of Article 23.
Article 38 In the cases of Article 36 or item (ii) of the preceding Article (limited
to the part pertaining to Article 25), fish catches, fishing vessels, fishing
equipment or other articles used for the harvest of aquatic animals or plants
that are owned or possessed by the offender may be confiscated; provided,
however, that in the event that it is impossible to confiscate these articles
owned by the offenders, in whole or in part, the value of them may be collected.
19
Article 39 Imprisonment with work and a fine may be cumulatively imposed on a
person who commits a crime under Article 36 through to Article 37 depending
on the circumstances.
Article 40 Any person who falls under any of the following items shall be
punished by imprisonment with work for not more than 6 months or a fine of
no more than three hundred thousand yen:
(i) A person who fails to make a report pursuant to the provision of paragraph
1 of Article 13-5 or who makes a false report or who refuses, interferes with
or avoids the inspection pursuant to the provision of said paragraph;
(ii) A person who violates the provisions of paragraph 3 of Article 23;
(iii) A person who fails to give notification pursuant to the provision of Article
27 or gives false notification;
(iv) A person who fails to make a report pursuant to the provision of paragraph
1 of Article 30 or makes a false report.
Article 41 In the event that a representative person of a juridical person or
agents, employees or other workers of a juridical person or an individual
commits acts of violation under Article 36 through to Article 37 or under the
preceding Article in connection with the business or property of such juridical
person or individual, the fine under the respective Articles in question shall be
imposed not only on the person who commits such acts but also on the juridical
person or individual.
Supplementary Provisions [Extract]
(1) The date of enforcement of this Act shall be specified by a Cabinet Order
within a period not exceeding six months from the day of promulgation;
provided, however, that the date of enforcement of the provisions of Article 24,
Article 32, Article 34, item (iii) of Article 37, Article 39 and of a part pertaining
to the acts of violation under item (iii) of Article 37 under the provision of
Article 41 shall be after April 1, 1952.
(5) Among the Ordinances of the Ministry or the Rules that are established by
the Minister of Agriculture, Forestry and Fisheries or prefectural governors
based on the provision of paragraph 1 of Article 65 of the Fishery Act prior to
the revision and are in fact effective at the time of enforcement of this Act,
those pertaining to matters listed in items (i) through to (iii) of paragraph 1 of
Article 65 of the Fishery Act prior to the revision shall be deemed to have been
established pursuant to the provision of Article 4 and provision of paragraph 1
of Article 65 of the Fishery Act after the revision, and those pertaining to
matters listed in items (v) through to (vii) of paragraph 1 of Article 65 of the
20
Fishery Act prior to the revision shall be deemed to have been established
pursuant to the provision of Article 4.
(6) The Act for Preventing Depletion of Fishery Resources (Act No. 171 of 1950)
shall be abolished.
(7) 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. 196 of June 14, 1952]
This Act shall come into effect as from the date of enforcement of the Act on
the Protection of Fishery Resources.
Supplementary Provisions [Act No. 213 of August 15, 1953] [Extract]
(1) This Act shall come into effect as from September 1, 1953.
(2) Permission, approval or other dispositions, or applications, notifications or
other procedures that were made pursuant to the provisions of former laws and
regulations prior to the enforcement of this Act shall be deemed as dispositions
and procedures that have been made based on the corresponding provisions
after the revision respectively.
Supplementary Provisions [Act No. 140 of May 16, 1962] [Extract]
(1) This Act shall come into effect as from October 1, 1962.
(2) Provisions revised by this Act shall also apply to matters that arose prior to
the enforcement of this Act unless otherwise specifically provided for in these
Supplementary Provisions; provided, however, that the effects that arose from
the provisions prior to the revision by this Act shall not be prejudiced.
(3) With regard to actions that are actually pending at the time of enforcement of
this Act, the provisions then in force shall remain applicable, notwithstanding
the provisions revised by this Act to the effect that such actions cannot be
brought.
(4) With regard to the jurisdiction of actions that are actually pending at the
time of enforcement of this Act, the provisions then in force shall remain
applicable, notwithstanding the provisions revised by this Act to the effect that
such jurisdiction shall be exclusive jurisdiction.
(5) With regard to the statute of limitations for filing an action pertaining to a
disposition or determination for which the statute of limitations for filing an
action pursuant to the provisions prior to the revision by this Act are actually
running at the time of enforcement of this Act, the provisions then in force
21
shall remain applicable; provided, however, that this is limited to cases in
which the statute of limitations for filing an action pursuant to the provisions
revised by this Act is shorter than that pursuant to the provisions prior to the
revision by this Act.
(6) The statute of limitations for filing an action for a party suit pertaining to a
disposition or determination that was made prior to the enforcement of this Act,
which is made to be decided by the revision by this Act, shall count from the
date of enforcement of this Act.
(7) With regard to an action for the rescission of a disposition or determination
that is actually pending at the time of enforcement of this Act, the provisions
then in force shall remain applicable, notwithstanding the provisions revised
by this Act to the effect that a party to the legal relationship shall be the
defendant; provided, however, that the court may, by its decision, permit to
change the action to the party suit based on a motion by the plaintiff.
(8) In the case of the proviso under the preceding paragraph, the provisions of
the second sentence of Article 18 and paragraph 2 through to paragraph 5 of
Article 21 of the Administrative Case Litigation Act shall apply mutatis
mutandis.
Supplementary Provisions [Act No. 156 of September 11, 1962] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding nine months from the day of promulgation.
Supplementary Provisions [Act No. 161 of September 15, 1962] [Extract]
(1) This Act shall come into effect as from October 1, 1962.
Supplementary Provisions [Act No. 168 of July 10, 1964] [Extract]
This Act shall come into effect as from the day of enforcement of the new law
(April 1, 1965).
Supplementary Provisions [Act No. 74 of May 30, 1968] [Extract]
(Effective Date, etc.)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding three months from the day of
promulgation.
22
Supplementary Provisions [Act No. 87 of July 5, 1978] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the day of promulgation.
Supplementary Provisions [Act No. 62 of June 11, 1983]
This Act shall come into effect as from the day on which twenty days have
elapsed from the day of promulgation.
Supplementary Provisions [Act No. 37 of May 18, 1985] [Extract]
(Effective Date)
(1) This Act shall come into effect as from the day of promulgation.
Supplementary Provisions [Act No. 90 of July 12, 1985] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the day of promulgation.
Supplementary Provisions [Act No. 89 of November 12, 1993] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the day on which the
Administrative Procedure Act (Act No. 88 of 1993) comes into effect.
(Transitional Measures Pertaining to Adverse Disposition for Which
Consultation was made)
Article 2 In the event that a consultation or other requests were made, based on
laws and regulations and prior to the enforcement of this Act, to the council or
other organs with a panel system for undertaking the procedures of a hearing,
or for giving opportunities for explanation or other procedures corresponding to
the procedures for stating opinions set forth in Article 13 of the Administrative
Procedure Act, the provisions then in force shall remain applicable with regard
to the procedures for adverse dispositions pertaining to such consultation or
other requests, notwithstanding the provisions of relevant laws revised by this
Act.
(Transitional Measures for 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
23
applicable.
(Transitional Measures for the Arrangement of Provisions for Hearings)
Article 14 Hearings, public hearings or hearing panels (excluding those
pertaining to adverse dispositions) that were conducted pursuant to the
provisions of laws prior to the enforcement of this Act or procedures for them
shall be deemed to have been conducted pursuant to the corresponding
provisions of relevant laws revised by this Act.
(Delegation to Cabinet Order)
Article 15 In addition to what is provided for in Article 2 through to the
preceding Article of the Supplementary Provisions, necessary transitional
measures for the enforcement of this Act shall be prescribed by a Cabinet
Order.
Supplementary Provisions [Act No. 78 of June 14, 1996]
This Act shall come into effect as from the day on which the United Nations
Convention on the Law of the Sea comes into effect for Japan.
Supplementary Provisions [Act No. 87 of July 16, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from April 1, 2000; provided, however,
that the provisions listed in each of the following items shall come into force as
from the date provided for in such items:
(i) [Omitted] provisions of Article 7, Article 10, Article 12, proviso of Article 59,
paragraphs 4 and 5 of Article 60, Article 73, Article 77, paragraph 4 through
to paragraph 6 of Article 157, Article 160, Article 163, Article 164 and Article
202 of the Supplementary Provisions: the day of promulgation
(Transitional Measures as a Result of Partial Revision of the Act on the
Protection of Fishery Resources)
Article 87 (1) Protected Water Surfaces that are actually administrated at the
time of enforcement of this Act by a prefectural governor pursuant to the
provision of Article 16 of the Act on the Protection of Fishery Resources prior to
the revision pursuant to the provision of Article 263 (hereinafter referred to in
this Article as "Old Act on the Protection of Fishery Resources") shall be
deemed as Protected Water Surfaces designated by such prefectural governor
pursuant to the provision of paragraph 1 of Article 15 of the Act on the
Protection of Fishery Resources after the revision pursuant to the provision of
24
Article 263 (hereinafter referred to in this Article as "New Act on the
Protection of Fishery Resources"), and the provision of Article 16 of the New
Act on the Protection of Fishery Resources shall apply to them.
(2) An application for the designation that is actually made at the time of the
enforcement of this Act pursuant to the provision of paragraph 1 of Article 15
of the Old Act on the Protection of Fishery Resources shall be deemed as an
application for consultation made pursuant to the provision of paragraph 2 of
Article 15 of the New Act on the Protection of Fishery Resources and an
application for consultation made pursuant to the provision of paragraph 3 of
Article 17 of the New Act on the Protection of Fishery Resources.
(3) The approval rendered pursuant to the provision of paragraph 2 of Article 17
of the Old Act on the Protection of Fishery Resources prior to the date of
enforcement, or applications for approval that are actually made at the time of
enforcement of this Act pursuant to the provision of said paragraph, shall be
deemed as a consent or an application for consultation made pursuant to the
provision of paragraph 3 of Article 17 of the New Act on the Protection of
Fishery Resources respectively.
(4) In the event that the prefectural governor rendered an order pursuant to the
provision of paragraph 2 of Article 22 of the Old Act on the Protection of
Fishery Resources prior to the date of enforcement, the provision of paragraph
3 of Article 22 of the New Act on the Protection of Fishery Resources shall not
apply.
(5) The provision of paragraph 2 of Article 30 of the New Act on the Protection of
Fishery Resources shall not apply to the result of reports that were obtained
prior to the date of enforcement pursuant to the provision of Article 30 of the
Old Act on the Protection of Fishery Resources.
(Office Work of the National Government)
Article 159 In addition to what is provided for in respective laws prior to the
revision by this Act, office work of the national government, other local
governments or other public bodies (which are referred to as "Office Work of
the National Government" in Article 161 of the Supplementary Provisions) that
were administrated or enforced by organs of local governments prior to the
enforcement of this Act pursuant to the provision of laws or a Cabinet Order
based on such laws shall be treated by the local government as office work of
such local government pursuant to laws or a Cabinet Order based on such laws
after the enforcement of this Act.
(Transitional Measures for Disposition or Application)
Article 160 (1) Dispositions such as permission and other acts rendered prior to
the enforcement of this Act (with regard to provisions listed in each item of
25
Article 1 of the Supplementary Provisions: each relevant provision; the same
shall apply in this Article and Article 163 of the Supplementary Provisions)
pursuant to the provisions of respective laws prior to the revision (hereinafter
referred to in this Article as "Acts of Disposition, etc."), or applications for
permission or other acts that are actually made at the time of enforcement of
this Act pursuant to the provision of respective laws prior to the revision
(hereinafter referred to in this Article as "Acts of Application, etc.") for which
different persons will undertake the administrative affairs pertaining to such
acts on the date of enforcement of this Act, shall be deemed as the Acts of
Disposition, etc. or the Acts of Application, etc. that are made pursuant to the
corresponding provisions of respective laws after the revision in respect of the
application of respective laws after the revision on and after the date of
enforcement of this Act, except for those provided for in the provisions of
Article 2 through to the preceding Article of the Supplementary Provisions or
in the provision for transitional measures of respective laws (including orders
based on these laws) after the revision.
(2) Matters for which procedures such as reports, notification, submissions and
others have to be made to the organs of national government or local
government prior to the enforcement of this Act pursuant to the provisions of
respective laws prior to the revision, but for which such procedures have not
been made prior to the enforcement of this Act shall be deemed, in addition to
those for which separate provisions are provided in this Act and Cabinet
Orders based on it, as the matters for which reports, notification, submissions
and others shall be made to the relevant organs of national government or local
government pursuant to the corresponding provisions of respective laws after
the revision, but for which such procedures have not been made, and the
provisions of respective laws revised by this Act shall apply to them.
(Transitional Measures for Appeal)
Article 161 (1) With regard to appeals, in accordance with the Administrative
Appeal Act, against dispositions pertaining to the Office Work of the National
Government that were rendered prior to the date of enforcement and for which
a higher administrative agency set forth in said Act (hereinafter referred to in
this Article as "Higher Administrative Agency") existed above the
administrative agency that rendered such disposition (hereinafter referred to
in this Article as "Disposing Agency") prior to the date of enforcement, the
Higher Administrative Agency shall be deemed to exist above such Disposing
Agency continuously on and after the date of enforcement, and the provisions
of the Administrative Appeal Act shall apply. In this case, the administrative
agency that shall be deemed as the Higher Administrative Agency above such
Disposing Agency shall be the administrative agency that was the Higher
26
Administrative Agency above such Disposing Agency prior to the date of
enforcement.
(2) In the case set forth in the preceding paragraph, if the administrative agency
that shall be deemed as the Higher Administrative Agency is an organ of the
local government, office work to be treated by such organ pursuant to the
provision of the Administrative Appeal Act shall be No. 1 statutory entrusted
office work set forth in item (i) of paragraph 9 of Article 2 of the New Local
Autonomy Act.
(Transitional Measures for Fees)
Article 162 With regard to fees to be paid prior to the date of enforcement
pursuant to the provision of respective laws prior to the revision by this Act
(including orders based on them), the provisions then in force shall remain
applicable, in addition to those for which separate provisions exist in this Act
and Cabinet Orders based on it.
(Transitional Measures for 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 to Cabinet Order for Other Transitional Measures)
Article 164 (1) In addition to what is provided for in these Supplementary
Provisions, transitional measures (including transitional measures for penal
provisions) that become necessary as a result of the enforcement of this Act
shall be prescribed by a Cabinet Order.
(2) Necessary matters for the application of Articles 18, 51 and 184 of the
Supplementary Provisions shall be prescribed by a Cabinet Order.
Supplementary Provisions [Act No. 102 of July 16, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the day on which the Act for
Revising a Part of Cabinet Act (Act No. 88 of 1999) comes into effect; provided,
however, that provisions listed in each of the following items shall come into
force as from the date provided for in such items:
(ii) Provisions of paragraphs 1 and 5 of Article 10, paragraph 3 of Article 14,
Article 23, Article 28 and Article 30 of the Supplementary Provisions: the day
of promulgation
(Transitional Measures Separately Provided)
27
Article 30 In addition to what is provided for in Article 2 through to the
preceding Article, transitional measures that become necessary as a result of
the enforcement of this Act shall be prescribed by laws separately.
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 from
January 6, 2001.
Supplementary Provisions [Act No. 190 of December 22, 1999] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from January 6, 2001; provided,
however, that the provision of Article 8 of the Supplementary Provisions shall
come into force as from the date specified by a Cabinet Order within a period
not exceeding six months from said date.
Supplementary Provisions [Act No. 89 of June 29, 2001] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the day of promulgation.
Supplementary Provisions [Act No. 84 of June 9, 2004] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding one year from the day of promulgation.
(Review)
Article 50 The national government shall review the situation of the
enforcement of the new act in the event that five years have elapsed after the
enforcement of this Act, and when it finds necessary, it shall take necessary
measures based on the result of such review.
Supplementary Provisions [Act No. 36 of April 27, 2005] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding six months from the day of promulgation.
28
Supplementary Provisions [Act No. 26 of March 31, 2006] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from April 1, 2006.
Supplementary Provisions [Act No. 77 of June 6, 2007] [Extract]
(Effective Date)
Article 1 This Act shall come into effect as from the date specified by a Cabinet
Order within a period not exceeding one year from the day of promulgation.
29
