Article 4(1)In the event that the Minister of Agriculture, Forestry and Fisheries or the prefectural governor deems it necessary for the protection and culturing fishery resources, the Minister or the prefectural governor may establish an Order of the Ministry of Agriculture, Forestry and Fisheries or the Rules concerning the following matters:

(2)The Order of the Ministry of Agriculture, Forestry and Fisheries or the Rules pursuant to the provisions set forth in the preceding paragraph may have necessary penal provisions.

(3)Punishment in the penal provisions set forth in the preceding paragraph is imprisonment for not more than 2 years, a fine of no more than five hundred thousand yen, misdemeanor penal detention or a petty fine, or their cumulative imposition in case of the Order of the Ministry of Agriculture, Forestry and Fisheries, and imprisonment for not more than 6 months, a fine of no more than one hundred thousand yen, misdemeanor penal detention or a petty fine, or their cumulative imposition in the case of the Rules.

(4)Orders of the Ministry of Agriculture, Forestry and Fisheries or the Rules pursuant to the provisions of paragraph (1) may have provisions regarding the confiscation of fish catches, fishing vessels, fishing equipment, or other articles used for the catching or gathering of aquatic plants and animals and aquatic plants and animals under item (iii) of that paragraph owned or possessed by offenders and regarding 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.

(5)In the event that the Minister of Agriculture, Forestry and Fisheries intends to establish or repeal an Order of the Ministry of Agriculture, Forestry and Fisheries under paragraph (1), the Minister must hear the opinion of the Fisheries Policy Council.

(6)In the event that the prefectural governor intends to establish, revise, or repeal Rules under paragraph (1), the governor must obtain the authorization of the Minister of Agriculture, Forestry and Fisheries.

(7)In the event that the prefectural governor intends to establish or repeal the Rules under paragraph (1), the governor must hear the opinion of the concerned Sea-area Fisheries Adjustment Commission (in the case of those related to the inland water surface (meaning seawater surface set forth in Article 60, paragraph (5), item (v) of the Fishery Act (Act No. 267 of 1949). The same applies hereinafter) that belongs to the jurisdiction of the prefecture where Inland Waters Fishing Ground Management Commission is established, the Inland Waters Fishing Ground Management Commission).

(8)In the event that the Minister of Agriculture, Forestry and Fisheries intends to establish or authorize an Order of the Ministry of Agriculture, Forestry and Fisheries or Rules regarding the matters listed in items (i) or (ii) of paragraph (1) 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 provisions of Article 2 of the Erosion Control Act (Act No. 29 of 1897) (hereinafter referred to as "Designated Land"), the Minister must consult with the Minister of Land, Infrastructure and Transport in advance.

(9)In the event that the Minister of Agriculture, Forestry and Fisheries intends to establish or authorize Order of the Ministry of Agriculture, Forestry and Fisheries or Rules regarding the matters listed in items (i) of paragraph (1), the Minister must consult with the Minister of Economy, Trade and Industry in advance.

Article 5Catching or gathering aquatic plants and animals by using explosives is prohibited; provided, however, that this does not apply for research and study with the permission of the Minister of Agriculture, Forestry and Fisheries.

Article 6The catching or gathering of aquatic plants and animals by using poisonous substances that paralyze or kill them is prohibited; provided, however, this does not apply to cases where permission of the Minister of Agriculture, Forestry and Fisheries has been obtained.

Article 7It is an offence to possess or sell aquatic plants and animals caught or gathered in violation of the provisions of the preceding two Articles.

Article 8Cabinet Orders may enable the provisions of Article 4 to the preceding Article and of relevant penal provisions to be applicable to waters that are not public but are connected to public waters or to waters under Article 3.

Article 9(1)In the event that the Minister of Agriculture, Forestry and Fisheries deems it necessary for the protection of fishery resources, the Minister may provide for the maximum number of fishing vessels, by the category of fishery and by the area of water, that may engage in the fishery (hereinafter referred to as "prescribed number"), by an Order 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) of Article 109 of the Fishery Act and the provisions of the Order of the Ministry of Agriculture, Forestry and Fisheries based on the provisions of paragraph (1) 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, the Minister must take the present status of fishery resources, the number of persons who actually operate that 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, the Minister must hear the opinion of the Fisheries Policy Council.

Article 10(1)In the event that the number of fishing vessels that actually have permission for fishing operations in respect of the category and area of water (including the authorization for the establishment of a new business relating to fishery; the same applies 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 must designate the date of rescission of that permission, or the operating area 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 Order of the Ministry of Agriculture, Forestry and Fisheries, taking the following matters into consideration:

(2)In the event that the Minister of Agriculture, Forestry and Fisheries intends to provide for the standard set forth in the preceding paragraph, the Minister hear the opinion of the Fisheries Policy Council.

(3)In the event that the Minister of Agriculture, Forestry and Fisheries deems it necessary when the Minister renders the designation under paragraph (1), with regard to fishing vessels that have permission to fish in respect of the category and area of water of that fishery and that are not designated under that paragraph, the Minister 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 is made by public notice.

(5)In the event that public notice set forth in the preceding paragraph is given, it is considered that the permission regarding those operations is rescinded, or the area 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) must be made within the scope in which the total amount of compensation pursuant to the provisions 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.

Article 11(1)The national government must compensate for losses arising from the rescission of the permission or change of areas of operations pursuant to the provisions of paragraph (5) of the preceding Article to persons who received the relevant disposition.

(2)The loss to be compensated pursuant to the provisions set forth in the preceding paragraph is the loss ordinarily incurred from the disposition under that paragraph.

(3)The amount of compensation set forth in the preceding paragraph is decided by the Minister of Agriculture, Forestry and Fisheries upon hearing the opinion of the Fisheries Policy Council and is announced by a public notice.

(4)The means of paying the compensation is provided for by Cabinet Order.

(5)Any person who is dissatisfied with the amount of compensation publicly notified pursuant to the provisions 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 is a defendant in the suit set forth in the preceding paragraph.

Article 12Persons whose permission is rescinded pursuant to the provisions of paragraph (5) of Article 10 must pay the amount provided for in the Order 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 the relevant fishing vessels, as of the day of public notice under paragraph (4) of the Article.

Article 13(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 Sustainable Aquaculture Production Assurance Act (Act No. 51 of 1999) and other infectious diseases of aquatic animals provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries; the same applies hereinafter) and that are provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries as well as their containers and packages (including objects that are contained in the relevant containers and packages or those wrapped with the relevant containers and packages and that are not the aquatic animals in question; the same applies hereinafter) must 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 must submit, as provided for in the Order of the Ministry of Agriculture, Forestry and Fisheries, a written application in which the kind and quantity, origin, time and place of import of the relevant aquatic animals, and other matters provided for in the Order 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 that 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 regarding such application fall under any of the following items, the Minister of Agriculture, Forestry and Fisheries must grant the permission under the paragraph:

(4)When the Minister of Agriculture, Forestry and Fisheries grants the permission under paragraph (1), the Minister issues a certificate of import permission to a person who obtains the permission as provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries.

Article 14(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 regarding 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 the Minister grants the permission under paragraph (1) of the preceding Article, order the person who has made the application to control the relevant aquatic animals and their containers and packages by the methods provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries for the period provided for in the Orders 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 provisions set forth in the preceding paragraph finds during the period in the paragraph that the relevant aquatic animals are, or could be, infected with a disease or diseases subject to import quarantine, the person must receive an inspection conducted by the Minister of Agriculture, Forestry and Fisheries as provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries.

(3)The person who is inspected under the preceding paragraph must control the relevant aquatic animals and their containers and packages by the method provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries under paragraph (1) until notified of the result of such inspection.

Article 15In 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 regarding the application for permission under paragraph (1) of Article 13 are infected with a disease or diseases subject to import quarantine, the Minister may order the person who owns or controls the relevant aquatic animals and their containers and packages to incinerate, bury, sanitize, or take other necessary measures for the relevant 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.

Article 16(1)The Minister of Agriculture, Forestry and Fisheries may, to the extent necessary for the execution of the provisions 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 provisions set forth in the preceding paragraph must carry a certificate that shows their status and produce it to relevant persons.

(3)The authority of the on-site inspection pursuant to the provisions of paragraph (1) must not be construed to have been granted for the investigation of a crime.

Article 17The term "protected waters" as used in this Act means waters where aquatic animals lay eggs, juvenile fish grow or where it is appropriate for seeds and seedlings of aquatic plants and animals to generate and is designated by a prefectural governor or the Minister of Agriculture, Forestry and Fisheries as waters for which necessary measures should be taken for its protection and culture.

Article 18(1)In the event that the prefectural governor deems it necessary for the protection and culturing aquatic plants and animals, the governor may designate protected waters 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 a prefectural governor intends to designate protected waters pursuant to the provisions set forth in the preceding paragraph, the governor must consult with the Minister of Agriculture, Forestry and Fisheries in advance and obtain the Minister's consent.

(3)In the event that a prefectural governor intends to designate the protected waters pursuant to the provisions of paragraph (1), the governor must hear the opinions of the Sea-area Fisheries Adjustment Commission established in the specified sea area for the relevant protected waters if the protected waters to be designated belongs to the seawaters set forth in Article 60, paragraph 5, item (ii) of the Fishery Act, and of Inland Waters Fishing Ground Management Commission (in the case of a prefecture that does not have an Inland Waters Fishing Ground Management Commission pursuant to the proviso of paragraph 1 of Article 171 of the Act, the Sea-area Fisheries Adjustment Commission designated by the governor of the prefecture pursuant to the proviso of paragraph 4 of the Article) if the protected waters to be designated belongs to the inland waters.

(4)In the event that the Minister of Agriculture, Forestry and Fisheries deems it specifically necessary for the protection and culturing aquatic plants and animals, the Minister may designate protected waters, notwithstanding the provisions under paragraph (1), in accordance with the standard set forth in that paragraph.

(5)In the event that the Minister of Agriculture, Forestry and Fisheries intends to designate protected waters pursuant to the provisions set forth in the preceding paragraph, the Minister must hear the opinion of the prefectural governor that has the jurisdiction over the waters to which the protected waters to be designated belong.

(6)The provisions of paragraph (3) apply mutatis mutandis to the cases in which the prefectural governor intends to state its opinion to the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions set forth in the preceding paragraph.

(7)The designation of the protected waters pursuant to the provisions of paragraph (1) or (4) is made by public notice of the area of the protected waters.

Article 19(1)In the event that the protected waters no longer conform with 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 is to change the area of the protected waters designated by the Minister, or cancel such designation, without delay.

(2)Provisions of paragraphs (2), (3), (5) to (7) of the preceding Article apply mutatis mutandis to the change or cancellation pursuant to the provisions set forth in the preceding paragraph.

Article 20The administration of protected waters is conducted by the prefectural governor or the Minister of Agriculture, Forestry and Fisheries that has designated the relevant protected waters.

Article 21(1)In the event that the prefectural governor or the Minister of Agriculture, Forestry and Fisheries designates protected waters pursuant to the provisions of paragraph (1) or (4) of Article 18, the governor or the Minister must establish an administration plan for the relevant protected waters.

(2)In the administration plan for the protected waters set forth in the preceding paragraph, at least the following matters must be set forth:

(3)In the event that a prefectural governor intends to establish or change the administration plan for the protected waters administrated by the governor, the governor must consult with the Minister of Agriculture, Forestry and Fisheries in advance for the matters listed in each item of the preceding paragraph and must obtain their consent.

(4)Provisions of paragraphs (3), (5), and (6) of Article 18 apply mutatis mutandis to cases where the administration plan for the protected waters under paragraph (1) is intended to be established or changed.

(5)When the Minister of Agriculture, Forestry and Fisheries finds it particularly necessary for the protection and culturing aquatic plants and animals, the Minister may instruct the prefectural governor to change the administration plan for the protected waters administrated by the Minister. In this case, the provisions of paragraphs (5) and (6) of Article 18 apply mutatis mutandis.

Article 22(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 waters (excluding the part regarding rivers, designated land, or port limits as prescribed in Article 2, paragraph (3) of the Port and Harbour Act (Act No. 218 of 1950), waters for which the prefectural governor has made a public notice pursuant to the provisions of Article 56, paragraph (1) of the Act, waters publicly notified by the Minister of Land, Infrastructure, Transport and Tourism pursuant to the provisions of Article 9, paragraph (1) of the the Act on Reservation of Low-water Line and Development of Base Facilities for Facilitating the Reservation and Use of Exclusive Economic Zone and the Continental Shelf (Act No. 41 of 2010) or promotion zones for the development of marine renewable energy power generation facilities (collectively referred to as the "area of port and harbor" in paragraph (5)) prescribed in Article 2, paragraph (5) of the Act on Promoting the Utilization of Sea Areas for the Development of Marine Renewable Energy Power Generation Facilities (Act No. 89 of 2018)) must obtain the permission of the prefectural governor or the Minister of Agriculture, Forestry and Fisheries that administrates such the relevant protected waters 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 the relevant protected waters, the governor or the Minister may order the person who carries out that work to change such work or to restore the relevant waters 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 that work is carried out within the area of the protected waters when the Minister, the governor, or the mayor grants permission pursuant to the provisions of Article 23 to Article 27 or Article 29 of the River Act, or permission regarding the restrictions pursuant to the provisions of Article 4 of the Erosion Control Act, the Minister, the governor, or the mayor must consult with the prefectural governor or the Minister of Agriculture, Forestry and Fisheries that administrates the relevant protected waters in advance as provided for by Cabinet Order.

(4)In the event that the administrator of the river set forth in Article 16, item (ii) of the Gravel Gathering Act (Act No. 74 of 1968) intends to grant an approval pursuant to the provisions of that Article or paragraph (1) of Article 20 of the 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 the 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 waters, the administrator must consult with the prefectural governor or the Minister of Agriculture, Forestry and Fisheries that administrates the relevant protected waters in advance as provided for by Cabinet Order.

(5)In the event that the Minister of Land, Infrastructure and Transport or the administrator of a port and harbor (meaning the administrator of the ports and harbors set forth in paragraph (1) of Article 2; the same applies 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 provisions of paragraph (1) of Article 37 of the Act for that work or to attend the consultation pursuant to the provisions of paragraph (3) of the Article or that the prefectural governor intends to grant permission pursuant to the provisions of paragraph (1) of Article 56 of the Act or to attend the consultation pursuant to the provisions of paragraph (3) of the Article or that the administrator of the port and harbor intends to exercise the authority of the prefectural governor (in the case of a city within the area of a designated city set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), the mayor of the relevant designated city) under the provisions of the Public Waters Reclamation Act (Act No. 57 of 1921) pursuant to the provisions of paragraph (2) of Article 58 of the Act, or that The Minister of Land, Infrastructure, Transport and Tourism has granted permission pursuant to the provisions of Article 9, paragraph (1) of the Act on Reservation of Low-water Line and Development of Base Facilities for Facilitating the Reservation and Use of Exclusive Economic Zone and the Continental Shelf, or to attend the consultation pursuant to the provisions of paragraph (5) of the Article or that the Minister of Land, Infrastructure, Transport and Tourism has granted permission pursuant to the provisions of Article 10, paragraph 1 of the Act on Promoting the Utilization of Sea Areas for the Development of Marine Renewable Energy Power Generation Facilities or to attend the consultation pursuant to the provisions of paragraph (1) of the Article as replaced pursuant to the provisions of paragraph (3) of the Article, when such work is conducted within the area of the protected waters, the Minister of Land, Infrastructure and Transport, the administrator of the port and harbor, or the prefectural governor must consult with the prefectural governor or the Minister of Agriculture, Forestry and Fisheries that administrates the relevant protected waters in advance as provided for by Cabinet Order.

(6)In the event that it is particularly necessary for the protection and culturing aquatic plants and animals within the area of protected waters, the prefectural governor or the Minister of Agriculture, Forestry and Fisheries that administrates the relevant protected waters may issue necessary recommendations with regard to the work listed in paragraph 1 within the relevant 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 23(1)For each fiscal year, the Minister of Agriculture, Forestry and Fisheries must establish a plan concerning the artificial hatching and stocking to be executed by the Japan Fisheries Research and Education 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 must 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), the Minister must 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), the Minister must announce it publicly and notify the Agency without delay.

(5)In the event that the Agency has received the notice pursuant to the provisions set forth in the preceding paragraph, it must execute the artificial hatching and stocking in accordance with the relevant plan.

Article 24In 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 have those persons share part of the expenses 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 Orders of the Ministry of Agriculture, Forestry and Fisheries.

Article 25(1)Owners or possessors of structures established on waters which are a route for anadromous fish must 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 provisions of that paragraph, the Minister or the governor may order such persons to administrate them in accordance with the provisions of that paragraph.

(3)In the event that a prefectural governor has issued an order pursuant to the provisions set forth in the preceding paragraph, the governor must report the fact to the Minister of Agriculture, Forestry and Fisheries without delay.

Article 26(1)In the event that the Minister of Agriculture, Forestry and Fisheries considers that the route for anadromous fish may be interfered with, the Minister may restrict or prohibit the establishment of structures within a certain area of the waters.

(2)In the event that the Minister of Agriculture, Forestry and Fisheries intends to impose a restriction pursuant to the provisions set forth in the preceding paragraph, the Minister may do so by ordering the person who intends to establish the relevant structures to establish a route for anadromous fish or an alternative facility that can act as a substitute for such route, or if the Minister 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 the relevant route, the Minister 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 the relevant waters.

(3)Persons who are ordered pursuant to the provisions set forth in the preceding paragraph must prepare a plan for the matters so ordered and obtain the approval of the Minister of Agriculture, Forestry and Fisheries for the relevant plan as provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries.

Article 27(1)In the event that the Minister of Agriculture, Forestry and Fisheries considers that the structure interferes with the route for the anadromous fish, the Minister 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 provisions set forth in the preceding paragraph, such order must be issued within the scope of which the total amount of compensation pursuant to the provisions 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 provisions of paragraph (1), the Minister must give reasonable compensation to persons having rights concerning such structure; provided, however, if the Minister orders work to remove the interference pursuant to the provisions of paragraph (1) to a person who violates the order pursuant to the provisions of paragraph (2) of Article 25, the Minister does not compensate such person.

(4)In the event that the order for work to remove the interference pursuant to the provisions of paragraph (1) is issued based on an application by interested persons, the relevant applicants must give compensation pursuant to the provisions 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 the person receives notice of the decision on the amount of compensation.

(6)In the lawsuit set forth in the preceding paragraph, the national government is the defendant; provided, however, in the case of paragraph (4), the applicant or persons having rights concerning the structure is the defendant.

(7)In the event that the order for work to remove the interference (structure) pursuant to the provisions of paragraph (1) is issued and any statutory lien, pledge, or mortgage exists on the relevant structure, the Minister of Agriculture, Forestry and Fisheries or the applicant under paragraph (4) must deposit the compensation under paragraph (3) or (4), except for cases in which an application is made by the relevant 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 may be entitled to exercise their rights to the compensation deposited pursuant to the provisions of that paragraph.

Article 28In freshwaters, among anadromous fish, salmon must not be caught or gathered; provided, however, that this does not apply to the case where persons who have obtained a license for fishery, or persons who have obtained permission of the Minister of Agriculture, Forestry and Fisheries or prefectural governor pursuant to the provisions of Order of the Ministry of Agriculture, Forestry and Fisheries or the Rules based on the provisions of paragraph (1) or (2) of Article 119 of Fishery Act or paragraph (1) of Article 4 of this Act harvest under the license or the permission.

Article 29Provisions from Article 22 to the preceding Article and the penal provisions regarding these may be made applicable by a Cabinet Order to waters that are not used for public purposes but are connected to waters that are used for public purpose or to waters under Article 3.

Article 30Persons who intend to harvest or produce seeds and seedlings of aquatic plants and animals provided for in the Order of the Ministry of Agriculture, Forestry and Fisheries on a regular basis and with the purpose of sale must notify the Minister of Agriculture, Forestry and Fisheries to such effect as provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries. The same applies when the business is repealed.

Article 31In the event that the Minister of Agriculture, Forestry and Fisheries deems it necessary to secure the seeds and seedlings of aquatic plants and animals set forth in the preceding Article, the Minister may issue necessary instructions to persons set forth in the Article for the production or distribution of seeds and seedlings of the relevant aquatic plants and animals as provided for in the Orders of the Ministry of Agriculture, Forestry and Fisheries.