Fisheries Act, 1949 (Act No. 267 of 1949).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The purpose of this Act is to ensure sustainable utilization of fishery resources and promote comprehensive utilization of waters by specifying measures for the preservation and control of fishery resources and establishing systems for permissions and licenses of fisheries and other basic systems for fishery production, and thereby to develop fishery productivity. The Law consists of 146 articles divided in 10 Chapters.
The Act sets up the basic principles of resource management. Resources shall basically be managed on the basis of the total allowable catch (TAC) and be maintained at or recovered to the sustainable level, based on stock assessment (Article 8). The Act adopts individual quotas (IQ) for vessels within the total allowable catch (TAC) that will apply to most species. Transfer of IQ is only allowed in certain cases, such as upon transfer of a vessel (Article 22). The Minister of Agriculture, Forestry and Fisheries shall conduct a survey for conducting a resource evaluation, and shall decide on the resource management target, and determine the TAC so as to recover the resources to that target level (Article 9, 11). The Act further establishes the fishing permit system for enhancing productivity. Issuance of new permits on an as-needed basis is promoted (Article 42). In terms of making appropriate and effective use of the waters, a fishery right holder is imposed a responsibility to appropriately and effectively use the relevant fishing ground, and is obligated to report on information about the use of the fishing ground (Articles 74 and 90); A system in which fishery cooperatives, etc. implement activities for conserving coastal fishing grounds on designation by the prefectural government is introduced (Articles 109 through 116).
Fisheries Adjustment Commissions for each of the sea areas and a Fisheries Policy Council shall be established to provide for the enforcement of the provisions of the Act. Fisheries Adjustment Commissions include Sea-area Fisheries Adjustment Commissions, United Sea-area Fisheries Adjustment Committee and Wide Sea-area Fisheries Adjustment Commissions. Chapter VIII is dedicated to inland water fisheries and provides for the establishment of an Inland Waters Fishing Ground Management Commission. In addition, the Act also provides for the control of poaching marine resources by setting up the maximum fine.
The Act sets up the basic principles of resource management. Resources shall basically be managed on the basis of the total allowable catch (TAC) and be maintained at or recovered to the sustainable level, based on stock assessment (Article 8). The Act adopts individual quotas (IQ) for vessels within the total allowable catch (TAC) that will apply to most species. Transfer of IQ is only allowed in certain cases, such as upon transfer of a vessel (Article 22). The Minister of Agriculture, Forestry and Fisheries shall conduct a survey for conducting a resource evaluation, and shall decide on the resource management target, and determine the TAC so as to recover the resources to that target level (Article 9, 11). The Act further establishes the fishing permit system for enhancing productivity. Issuance of new permits on an as-needed basis is promoted (Article 42). In terms of making appropriate and effective use of the waters, a fishery right holder is imposed a responsibility to appropriately and effectively use the relevant fishing ground, and is obligated to report on information about the use of the fishing ground (Articles 74 and 90); A system in which fishery cooperatives, etc. implement activities for conserving coastal fishing grounds on designation by the prefectural government is introduced (Articles 109 through 116).
Fisheries Adjustment Commissions for each of the sea areas and a Fisheries Policy Council shall be established to provide for the enforcement of the provisions of the Act. Fisheries Adjustment Commissions include Sea-area Fisheries Adjustment Commissions, United Sea-area Fisheries Adjustment Committee and Wide Sea-area Fisheries Adjustment Commissions. Chapter VIII is dedicated to inland water fisheries and provides for the establishment of an Inland Waters Fishing Ground Management Commission. In addition, the Act also provides for the control of poaching marine resources by setting up the maximum fine.
Attached files
Notes
Last revised by Act No. 1 of 2019.Repeals the Fisheries Law No. 58 of 1910.Unofficial translation.
Repealed
No
Source language
English
Legislation Amendment
No