Act on the Exercise of the Sovereign Right for Fishery, etc. in the Exclusive Economic Zone
Transshipment
Does the law/regulation provide for transshipment?
Article 4
(2) Foreign Nationals shall not transship or load fish catches or products made there from in the Prohibited Sea Area (which is limited to the sea area under item (i) of the preceding paragraph) except for cases provided for in a Cabinet Order.
Vessel Registration & License Management
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
Article 5
(1) Foreign Nationals shall not engage in the Fishery or the harvest of aquatic animals and plants in the Exclusive Economic Zone (excluding the Prohibited Sea Area; the same shall apply in paragraphs 1 and 2 of the following Article, Article 8 and Article 9) unless they obtain the permission of the Minister of Agriculture, Forestry and Fisheries for each vessel engaging in the Fishery or the harvest of aquatic animals and plants as provided for in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this shall not apply in cases falling under any one of the following items: (i) The harvest of aquatic animals and plants in question is a minor one provided for in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries under the proviso of paragraph 1 of the preceding Article. (ii) The harvest of aquatic animals and plants in question is engaged in with the authorization under Article 8. (iii) The Fishery Incidental Acts in question is engaged in with the authorization under Article 9.
(2) In the event that the Minister of Agriculture, Forestry and Fisheries grants the permission set forth in the preceding paragraph, he/she shall issue a certificate of permission to the Foreign Nationals in question as provided for in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
(3) Foreign Nationals who have obtained permission under paragraph 1 shall display the fact in a prominent manner on their vessels that are engaging in the Fishery or the harvest of aquatic animals and plants, and shall keep the certificate of permission set forth in the preceding paragraph in such vessels, as provided for in the Ordinance of the Ministry of Agriculture, Forestry and Fisheries.
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 13
(1) In the event that the Foreign Nationals who have received the permission under paragraph 1 of Article 5 or the authorization under Article 9 violate laws and regulations or restrictions or conditions under the preceding Article, the Minister of Agriculture, Forestry and Fisheries may establish a period and order them to suspend the Fishery or the harvest of aquatic animals and plants in the Exclusive Economic Zone, or may rescind the permission under paragraph 1 of Article 5 or the authorization under Article 9. (2) In the event that the Foreign Nationals who have received the authorization under Article 8 or 10 violate laws and regulations or restrictions or conditions under the preceding Article, the Minister of Agriculture, Forestry and Fisheries may rescind the authorization under Article 8 or 10.