Article 1This Act establishes necessary measures for the exercise, etc. of the sovereign rights regarding fishery, etc. in the exclusive economic zone for the purpose of ensuring appropriate preservation and management of living marine resources by suitably exercising the right provided for in the United Nations Convention on the Law of the Sea.

Article 2(1)"Fishery" as used in this Act means the undertaking of the harvest or cultivation of aquatic plants and animals (including acts incidental to fishery, etc.).

(2)"Fishery incidental acts" as used in this Act mean acts that are incidental to the harvest or cultivation of aquatic plants and animals such as the search for fish, collection of fish, storage or processing of fish catches, transport of fish catches or products made from them, supply to vessels and other similar acts and that are provided for in Order of the Ministry of Agriculture, Forestry and Fisheries.

(3)"Search" as used in this Act means the investigation of the habitat status of aquatic plants and animals that contributes to, but does not involve, the harvest of aquatic plants and animals, and "survey" means a search that does not fall under the fishery incidental acts.

(4)"Foreign nationals" as used in this Act mean the following persons:

Article 3(1)The Fishery, harvest of aquatic plants and animals (which excludes those falling under fishery and includes fishery incidental acts; the same applies hereinafter) and surveys engaged in by foreign nationals in Japan's exclusive economic zone (hereinafter simply referred to as the "exclusive economic zone") (hereinafter referred to in this Article as the "fishery, etc. by foreign nationals in the exclusive economic zone") are governed by the provisions of this Act.

(2)Notwithstanding the provisions of paragraph (1) of Article 3 of the Act on the Exclusive Economic Zone and Continental Shelf (Act No. 74 of 1996), provisions of the Fishery Act (Act No. 267 of 1949) (excluding paragraphs [1], [2], [4], and [5] of Article 74) and other Acts provided for in Cabinet Order (including those of orders based on them) do not apply to the fishery, etc. by foreign nationals in the exclusive economic zone.

(3)With regard to the application of the provisions of Article 74 of the Fishery Act regarding fishery, etc. by foreign nationals in the exclusive economic zone, the term "The Agriculture, Forestry and Fisheries Minister or each Governor" in paragraph (1) of the same Article is deemed to be replaced with "The Agriculture, Forestry and Fisheries Minister," and the term "authorized fisheries supervisors or authorized fisheries supervising officers" is deemed to be replaced with "authorized fisheries supervisors."

(4)Beyond what is provided for in the preceding paragraph, Cabinet Order may provide for necessary provisions for the technical replacement relating to the application of laws and regulations regarding fishery, etc. by foreign nationals in the exclusive economic zone.

Article 4(1)Foreign nationals must not engage in the fishery or the harvest of aquatic plants and animals in the sea area of the exclusive economic zone (including the sea bed; hereinafter referred to as "prohibited sea area") listed below; provided, however, that this does not apply in the event that the harvest of aquatic plants and animals in question is a minor one provided for in Order of the Ministry of Agriculture, Forestry and Fisheries:

(2)Foreign nationals must not transship or load fish catches or products made from them 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 Cabinet Order.

Article 5(1)Foreign nationals must not engage in the fishery or the harvest of aquatic plants and animals in the exclusive economic zone (excluding the prohibited sea area; the same applies 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 plants and animals as provided for in the Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply in cases falling under any one of the following items:

(2)In the event that the Minister of Agriculture, Forestry and Fisheries grants the permission set forth in the preceding paragraph, the Minister issues a permit to the foreign nationals in question as provided for in the Order of the Ministry of Agriculture, Forestry and Fisheries.

(3)Foreign nationals who have obtained permission under paragraph (1) must display that fact in a prominent manner on their vessels that are engaging in the fishery or the harvest of aquatic plants and animals, and must keep the permit set forth in the preceding paragraph aboard such vessels, as provided for in the Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 6(1)In the event that an application for the permission under paragraph (1) of the preceding Article is made, the Minister of Agriculture, Forestry and Fisheries must not grant permission pertaining to such application unless the fishery or the harvest of aquatic plants and animals pertaining to such application is conducted in a reliable manner on the basis of international agreement or other arrangements, does not exceed the limit for the quantity of fish catches provided for by the Minister of Agriculture, Forestry and Fisheries for the respective classifications about the fishery or the harvest of aquatic plants and animals engaged in by the foreign nationals in the exclusive economic zone provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, and conforms to other standards provided for in Cabinet Order.

(2)The limit for the quantity of fish catches pursuant to the provisions set forth in the preceding paragraph must be decided, as provided for in Cabinet Order, on the basis of trends, having scientific grounds, regarding living marine resources and the actual situation of fish catches by Japan's fishery operators in the exclusive economic zone, comprehensively taking the situation of the fishery by the foreign nationals in the exclusive economic zone and Japan's fishery in the surrounding waters of foreign states or others into consideration.

(3)The decision on the limit for the quantity of fish catches pursuant to the provisions of paragraph (1) with regard to the first category of specific living marine resources set forth in paragraph (6) of Article 2 of the Act on the Preservation and Control of the Living Marine Resources (Act No. 77 of 1996) that sets forth the maximum quantities for fish catches specified in paragraph (2) of the same Article must be made on the basis of the maximum quantities for fish catches beyond what is provided for in the preceding paragraph.

Article 7(1)Foreign nationals must pay the fishing fee in the amount provided for in Cabinet Order to the national government at the time when they receive the issuance of the certificate of permission pursuant to the provisions of paragraph (2) of Article 5.

(2)In the event that any special circumstance exists, the fishing fee set forth in the preceding paragraph may be reduced in amount or exempted as provided for in Cabinet Order.

(3)Beyond what is provided for in the preceding two paragraphs, matters necessary for the fishing fee are prescribed by Cabinet Order.

Article 8In the event that foreign nationals intend to carry out the harvest of aquatic plants and animals in the exclusive economic zone for the purposes provided for in Order of the Ministry of Agriculture, Forestry and Fisheries, such as testing and research, they must obtain the authorization of the Minister of Agriculture, Forestry and Fisheries for each vessel engaging in the harvest of aquatic plants and animals as provided for in Order of the Ministry of Agriculture, Forestry and Fisheries; provided, however, that this does not apply if the harvest of aquatic plants and animals in question is a minor one provided for in Order of the Ministry of Agriculture, Forestry and Fisheries under the proviso of paragraph (1) of Article 4, or if the fishery incidental acts in question are engaged in with the authorization under the following Article.

Article 9In the event that foreign nationals intend to engage in fishery incidental acts in the exclusive economic zone pertaining to the fishery or the harvest of aquatic plants and animals that are engaged in by persons other than the foreign nationals in that water area, they must obtain the authorization of the Minister of Agriculture, Forestry and Fisheries for each vessel engaging in the fishery incidental acts as provided for in Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 10In the event that foreign nationals intend to undertake a survey in the exclusive economic zone, they must obtain the approval of the Minister of Agriculture, Forestry and Fisheries for each vessel undertaking the survey as provided for in the Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 11(1)Foreign nationals who apply for approval under the preceding three Articles must pay a fee, the amount of which is provided for in Cabinet Order taking the actual cost into consideration.

(2)The provisions of paragraphs (2) and (3) of Article 5 applies mutatis mutandis to the approval under the preceding three Articles, and the provisions of paragraph (2) of Article 7 applies mutatis mutandis to the fee in the preceding paragraph.

Article 12Restrictions or conditions may be attached to the permission under paragraph (1) of Article 5 or the approval under Article 8 through to Article 10, or they may be changed.

Article 13(1)In the event that the foreign nationals who have received the permission under paragraph (1) of Article 5 or the approval under Article 9 violate laws and regulations or restrictions or conditions under the preceding Article, the Minister of Agriculture, Forestry and Fisheries may order them to suspend the fishery or the harvest of aquatic plants and animals in the exclusive economic zone for a specified period, or may cancel the permission under paragraph (1) of Article 5 or the approval 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.

Article 14(1)The provisions of Article 3 through to the preceding Article applies mutatis mutandis to the fishery, the harvest of aquatic plants and animals and the survey pertaining to fixative species (which means living creatures belonging to the fixative species set forth in 4 of Article 77 of the United Nations Convention on the Law of the Sea; the same applies in the following paragraph) in the area which is on the continental shelf (which means the area set forth in Article 2 of the Act on the Exclusive Economic Zone and Continental Shelf) but not in the exclusive economic zone.In this case, any necessary technical replacement is provided for in Cabinet Order.

(2)Fixative species under paragraph (1) of Article 4, paragraph (1) of Article 5 and Article 8 through to Article 10 that are replaced and apply mutatis mutandis in the preceding paragraph are announced publicly by the Minister of Agriculture, Forestry and Fisheries.

Article 15Japan has the primary interest and responsibility under 1 of Article 66 of the United Nations Convention on the Law of the Sea even in the sea area outside the exclusive economic zone with regard to anadromous resources that lay eggs in Japan's inland water.

Article 15-2(1)Authorized fisheries supervisors may, when finding it necessary to enforce this Act, visit fishing grounds, boats, places of business, offices, and warehouses and inspect books, documents and other objects or ask questions to the persons concerned.

(2)The authority under the preceding paragraph must not be construed as having been granted for criminal investigations.

Article 16The provisions in Chapters II and III of the Administrative Procedure Act (Act No. 88 of 1993) does not apply to the disposition pursuant to the provisions of this Act.

Article 17(1)If Cabinet Order or Order of the Ministry of Agriculture, Forestry and Fisheries is established, revised or abolished on the basis of the provisions of this Act, necessary transitional measures (including transitional measures on penal provisions) may be provided by that Cabinet Order or Order of the Ministry of Agriculture, Forestry and Fisheries within the scope reasonably considered necessary as a result of such establishment, revision or abolition.

(2)Unless otherwise provided for in this Act, procedures necessary to implement the provisions of Article 24 through to Article 26 and other matters necessary to enforce such provisions are provided for in order of the competent ministry, and other procedures necessary to implement this Act and other matters necessary to enforce it are provided for in Order of the Ministry of Agriculture, Forestry and Fisheries.

Article 17-2Any person who has violated the provisions of paragraph (1) of Article 4 (including the cases where it is applied mutatis mutandis pursuant to paragraph [1] of Article 14) or paragraph (1) of Article 5 (including the cases where it is applied mutatis mutandis pursuant to paragraph [1] of Article 14; the same applies in item [ii] of the following Article) is punished by a fine of not more than thirty million yen.

Article 18Any person who falls under any of the following items is punished by a fine of not more than ten million yen:

Article 18-2Any person who has rejected, disturbed or evaded the inspection by an authorized fisheries supervisor pursuant to the provisions of paragraph (1) of Article 15-2 or has not responded to questions by the supervisor or has made a false statement is punished by a fine of not more than three million yen.

Article 19Any person who has violated the restrictions or conditions (including those changed pursuant to the provisions of Article 12) attached to the approval under Article 8 (including the cases where it is applied mutatis mutandis pursuant to paragraph [1] of Article 14), Article 9 (including the cases where it is applied mutatis mutandis pursuant to paragraph [1] of Article 14) or Article 10 pursuant to the provisions of Article 12 is punished by a fine of not more than five hundred thousand yen.

Article 20In the cases contemplated in Article 17-2, Article 18 or the preceding Article, fish catches or products made from them, vessels or fishing equipment or other articles used for the fishery, the harvest of aquatic plants and animals or the survey owned or possessed by offenders may be confiscated; provided, however, that in the event that it is impossible to confiscate these articles owned by the offenders, in whole or in part, the value of them may be collected.

Article 21Any person who has violated the provisions of paragraph (3) of Article 5 (including the cases where it is applied mutatis mutandis pursuant to paragraph [1] of Article 14) or paragraph (3) of Article 5 as applied mutatis mutandis pursuant to paragraph (2) of Article 11 (including the cases where it is applied mutatis mutandis pursuant to paragraph [1] of Article 14) is punished by a fine of not more than two hundred thousand yen.

Article 22In the event that a representative person of a juridical person, or agents, employees or other workers of a juridical person or an individual commit acts of violation under Article 17-2 through Article 19 or the preceding Article in connection with the business or property of such juridical person or individual, the punishment under the respective Articles in question is imposed on not only the person who commits such acts but also the juridical person or individual.

Article 23The jurisdiction of the first instance of a suit pertaining to crimes as a result of the violation of the provisions of this Act also resides with a district court.

Article 24(1)In the event that a seizure (which means to seize vessels or to arrest the master of a vessel or other crew members; the same applies hereinafter) is executed in connection with a crime that violates the provisions of this Act or an incident falling under other crimes provided for in Cabinet Order (hereinafter referred to as "incident"), a person who is a judicial police officer and is provided for in Cabinet Order (hereinafter referred to as "law-enforcement officer") must notify the master of the vessel (including a person who takes the duty on behalf of the master of the vessel) involved in such seizure and the offender of the points listed below without delay; provided, however, that this does not apply in the event that the incident relates to the fishery, the harvest of aquatic plants and animals or the survey that are provided for in Cabinet Order and are conducted by the foreign nationals.

(2)The amount of bond under item (ii) of the preceding paragraph is to be decided by the law-enforcement officer on the basis of the standard prescribed by the competent minister, depending on the category and type of the incident or other circumstances, as provided for in Cabinet Order.

Article 25(1)In the event that the bond to the amount announced pursuant to the provisions of paragraph (1) of the preceding Article, or the document that certifies it will be provided, is offered to the competent minister as provided for in Cabinet Order, the competent minister is to notify the law-enforcement officer or the public prosecutor of such fact without delay.

(2)In the event that the law-enforcement officer is notified pursuant to the provisions set forth in the preceding paragraph, that law-enforcement officer must release the offender and return the seized articles without delay.

(3)In the event that the public prosecutor is notified pursuant to the provisions of paragraph (1), that prosecutor must take necessary measures for the release of the offender and the return of the seized articles without delay.

Article 26(1)The bond is retained by the competent minister.

(2)In the event that the offender fails to appear, or a part of the returned seized articles required to be submitted is not submitted, on the date and at the place required in the proceedings relating to the incident, the bond belongs to the national treasury when one month has elapsed counting from the following day of that date; provided, however, that this does not apply in the event that an application is made, no later than the date on which one month has elapsed counting from the following day of that date, to the effect that the offender will appear, or that seized articles will be submitted on a specific date earlier than the date on which three months will have elapsed counting from the following day of that date.

(3)In the case of the proviso of the preceding paragraph and in the event that the offender fails to appear, or the seized articles are not submitted, on the specific date pertaining to the application, the bond belongs to the national treasury on the following day after that date.

(4)The bond is returned in the event that the proceedings relating to the incident are completed or any event arises that makes it no longer necessary to keep it.

Article 27The competent minister in the preceding three Articles and order of the competent ministry under paragraph (2) of Article 17 are provided for in Cabinet Order.