Vessel Registration & License Management

Act on the Exercise of the Sovereign Right for Fishery, etc. in the Exclusive Economic Zone

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.

Fishery Act

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 49

    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.

  • Article 51

    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.

  • Article 54

    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.

  • Article 72

    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.

Ordinance for Enforcement of the Fishing Boat Act

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 9

    (1)The written application in Article 10, paragraph (2) of the Act is according to Appended Form 7 in case of a powered fishing boat and Appended Form 8 in case of a non-powered fishing boat.

    (2) The written application in Article 10, paragraph (2) of the Act must be accompanied by a written notification of permission in paragraph (5) of said Article in cases pertaining to a powered fishing boat that has received the permission under Article 4, paragraph (1) or (2) of the Act (a written notification of permission in paragraphs (5) and (6) of said Article in cases pertaining to a powered fishing boat that has received the permission under paragraph (6) of said Article), a written notification of certification as prescribed in Article 7, paragraph (4) in cases pertaining to a powered fishing boat that is to receive a notification of certification under the provisions of Article 8 of the Act (limited to the permission of the Minister of Agriculture, Forestry and Fisheries under the provisions of Article 4 of the Act), and documents certifying the registration in the Fishing Boat Registry in cases pertaining to a powered fishing boat with a gross tonnage of 20 tons or more.

    (3) The prefectural governor may require the written application in Article 10, paragraph (2) of the Act concerning fishing boats with a gross tonnage of less than 20 tons to accompany a written certificate delivered by the administrative agency that states the measure of a gross tonnage of the boat.

    (4) If an application under the provisions of Article 10, paragraph (2) of the Act is intended to transfer a fishing boat whose registration has been expired or revoked pursuant to the provisions of Article 18, paragraph (1) or Article 19 (including fishing boats whose registration is not yet expired pursuant to the provisions of Article 18, paragraph (2) of the Act) to a prefectural governor other than the prefectural governor who granted said registration, a document certifying that said registration card was returned pursuant to the provisions of Article 20, paragraph (1) of the Act must be attached.