Fishery Act

(2) The Minister of Agriculture, Forestry and Fisheries or the prefectural governor concerned may establish a necessary Order of the Ministry of Agriculture, Forestry and Fisheries or Rules concerning the following particulars for fisheries adjustment: (i) restriction or prohibition concerning the gathering, catch or disposal of aquatic animals and plants (excluding that the operation of fisheries is prohibited and that the permissions of the Minister of Agriculture, Forestry and Fisheries or the prefectural governor concerned must be obtained, respectively pursuant to the provisions of the preceding paragraph); (iii) restriction or prohibition concerning fishing gear or fishing boats.

The Minister of Agriculture, Forestry and Fisheries or the prefectural governor concerned nominates Authorized Fisheries Supervisors or Authorized Fisheries Supervising Officers from among the employees concerned, to have them take charge of the affairs concerning the observance of acts and ordinances concerning fishery. (3) Authorized Fisheries Supervisors or Authorized Fisheries Supervising Officers may visit fishing grounds, ships, places of business, offices, warehouses and other locations and inspect the situations or books and documents and other items or ask the persons concerned questions, when they find it to be necessary.

In any of the following cases, the permission or the approval to commence business ceases to be effective: (i) if the ship granted a permission has been discontinued to be used for the fishery permitted by the minister; (ii) when the ship granted a permission or approval to commence business was lost or sank; or (iii) when the ship granted a permission was transferred, lent or returned or when the right to use the ship was lost.

If a person who has obtained a permission is absence from work beyond the period specified by Order of the Ministry of Agriculture, Forestry and Fisheries, the Minister of Agriculture, Forestry and Fisheries may rescind the permission.

If a person granted a permission or an approval to commence business comes to fall under any of the following items, the Minister of Agriculture, Forestry and Fisheries may change or rescind the permission or the approval to commence business or may order the suspension of the effect of the permission or the approval to commence business: (i) when the person has violated the provisions of acts and orders concerning fishery; or (ii) when the person does not follow a recommendation under the preceding Article.

A person qualified for a license of a fishery covered by an individual fishery right is not to fall under any of the following items: (i) a person who fails to comply with acts and orders concerning fishery or labor and is likely to continue to not comply with them; (ii) a person who is a member of an organized crime group; (iii) a corporation whose officers or employees specified by a Cabinet Order include a person who falls under any of the preceding two items; or (iv) a person whose business activities are controlled by a member of an organized crime group, etc.