Enforcement Order of the Law on Provisional Measures Relating to the Fishing Zone (Cabinet Order No. 212 of 1977)

(Unofficial Translation) Enforcement Order of the Law Oli Provisional Measures relating to the Pi sh.i ng Zone (Cabinet Order No. 21.2 of 1'7 June, 1977) The Cabinet hereby enacts this Cabinet Order in accordance with the provisions of Article 3 Paragraph 3, Article 4, Article 6 Paragraph 1 Bub-paragraph 1, Article 7 and Article 14· of the Law on Provisional Measures relating to the Fishing Zone (Law No. 31 of 1977). (Areas of the sea prescribed by Cabinet Order provided for in Article 3 Paragraph 3 of the Law on Provisional Measures relating to the Fishing Zone) Article 1 The areas of the sea prescribed by Cabinet Order provided for in Article 3 Paragraph 3 of the IJaw on Provisional Measures relating to the Itishing Zone (hereinafter referred to as lithe Law") shall be those areas of the sea to the west of the line formed by the lines enumerated hereunder (excluding areas of the sea which are fishery zones of Japan in accordance with the provisions of the Cabinet Order relating to the Establishment of Fishery Zones provided for in Article 1. Paragraph 1 of the Agreement on Pi.sher-Le s between Japan 2 and the Republic of Korea (Cabinet Order No. 373 of 1965). (l) 'I'ne line of 135 C Eas t Longitude (but limi ted to that part north of its point of intersection in the Sea of Japan (referred to as "point A" in the next sub-paragraph) with the line every point of which is tweI ve nautical miles from the nearest point on the baseline of Japan (here i.nar t.er referred to as"the twelve-nautical mile line " .) . (2) The twelve-nautical mile line extending from point A and passing north of l'1ish:ima Ls.Lan.i to the first point (referred to as "point E" in the next sub-paragraph) ::it which the line drawn from the southernmost point of Yokoatejima Island (28°47'15" North Latitude, 128°59'40" East Longitude) to the Sotsukozaki Lighthouse (28°15'.3" North La t i tude , J29 u S ' 20 " East Longitude) intersects with the twelve-nautical mile line. l3) The line drawn from the soutner-nmos t point of Yokoatejima Island to the Sotsukozaki Lighrhouse (but limited to that part from point B to the oiher pcint (referred to as "point C" in the next sub-par.agraph) at which it intersec ts wi th the twelve-cnau t i c.s l mile line). (4) The twelve-nautical mile line extending from point C and passing north of Oki.nawa j i.ma Island to the first point (referred to as "point D" in the next sub-paragraph) at which the line drawn from the Nishimezaki Lighthouse (26 U 2l ' 40 " North North Latitude, l26 lJ42'40 11 East Longitude) to the l!'udeiwa Lighthouse (24°58'40" North Latitude, 125°21'36" East Longitude) intersects with the twelve-nautical mile line. (5) The line drawn from the Nishimezaki Lighthouse to the Fudeiwa Lighthouse (but li.mited to that part from point D to the other point (referred to as lIpoi n t En In the next sub-paragraph) at which it intersects with the twelve-nautical mile line). (6) The twelve-nautical mile line extending from point E and passing north of Lsni gaki,jima .l.sLand to the first point (referred to as "po i.rrt }i'" in the next sub-paragraph ) at which the line drawn from the Funauke Harbor Li.ghthouse (24°20'39 11 North Latitude, 123°42'12" East LongitUde) to the Agarisaki Lighthouse (24°27'24" North Latitude, 123°2'3J.1I East Longi tude ) intersects with the twet va-riau t i oal mile line. (7) The line drawn from the Funauke Harbor ~Gighthouse to the Agarisaki Lighthouse (but limited to that part tr-om point .F to the other point (referrpd to as "point Gil in the next sub-paragraph) at which i t Lnter ao cts with the twelve-nautical mile line). (8) 'llhe twelve-nautical mile line extending from point G and passing north of Yonakunijima lEland to the point 24°17 115" North Latitude, 122('47'42 11 East Long.i t.ud e , (9) The line drawn at an angle of 131 degrees from the point 24°17'15 11 North Latitude, Ic'2'..147'42" East Longitude. (l\..Q..Dlic a tion 4 (Application of Laws and Regulations within the fishing zone) Ar t i c Le ;.2 The I-!8\'lS and Regulations of .Japan other t h an the following Laws (inc luding Orders ()l18C ted t he ceund e r ) shall apply with respect to the fi s h er-Le s and the catching and taking of marine animals and plants in whicb fo::'eigners engage within 0he fishing zone. (1) The Law to Control Hunting of Se,~ Otters [Hid li'uT Seals (Law No. 21 of 1912) (2) The Fisheries Law (Law No. 2(// of 1949) (exc Ludi.ng Article 74, and those parts of Artjcle 141 and Article 145 which refer to Article 74) (3) The Fishery Resources Conservation Law (Law No. 313 of 1951) 2. \.Jith respect to the app l i c ati OIl ') r th.: pr-o v 1si01lS of Article 74 of the Law on Regu La t.i.on o :' Hj.~,herie:; of Fo r-e i gne r-s , in Paragraph 1 of that article, the words "the competent Minister or Prefectural Governor" ~;ho.l1 be modi fi ed to read "the competent Minister ll , and the words "fisheries inspector or fisheries inspection official" shall be modified to read "fisheries inspector". (Highly migratory specie s prescri :)ed jY Cabi ne t Orele}') Article 3 The h i.ghl y migratory npec ie s pres . r i.bed bS Cabinet 5 Cabinet Order provided for in Artie-le 6 Paragraph 1 Sub paragraph 1 of the Law shall be the following: (1) skipjack (Kat~u~ ~~us pelamis), black skipjack (Auxis thazard) and cu l l.et mackere1 (Aux~? !.§£e :h.nosorna); (2) albacore (Thunm~§.~l.Cll~ni5~), ye Ll.ow f i.n tuna (Thunnus albacares), blue fin tuna (Th~!!.r1.:.~ ~h..J' .QE~), bige;ye tuna (':Dhunnus obesus), and longtai 1 tung. (Th1.! ~nus t onggoL) ; (3) broadbill swor-dfi sh (Xj;£:hias ;~1 0 d..i~), blue marlin (I'1aka~ra m~zara), black marlin (I"Ia{air:l ~ndica), striped (Criteria for permission) Article 4 The criteria prescribed by Cabinet Order provided for in Article 7 Paragraph 1 of the Law shall be chat the foreign country to which a foreicner making an application belongs shall not be a country which fails to give due consideration to fishing by Japanese fishermen in the waters adjacent to that roreign country. (Hearing of opinions) Article 5 In laying down the limits of catch provieJed for in Article 7 Paragraph 1 of the Law, the Minister of Agriculture and 6 and Forestry shall hear the opinion of persons of learning and experience, fishermen, and other parties concerned, with respect to factors such as fishery resources trends and the actual situation with respect to fishing within the fishing zone (excluding the areas of the sea designated in each of the sUb-paragraphs of Article 5 of the Law; the same shall apply hereinafter), and the situation with respect to Japanese fishing in the waters adjacent to a foreign country. (Exceptions with regard to application) Article 6 The provisions of the Law shown in the top section of the following schedule shall not apply with respect to the fisheries or the catching and taking of marine animals and plants in which the foreigners as set forth in the middle section of the schedule engage in the areas of the sea as set forth in the bottom section of the schedule. Article 5 ? Articles 6 to 11 Nationals of the Republic of Korea (including the Republic of Korea, its public organizations or similar organizations, or juridical persons and other organizations established under its laws and regulations; the same shall apply hereinafter) Areas of the sea which are fishery zones of Japan established in accordance with the provisions of the Cabinet Order relating to the Establishment of Fishery Zones provided for in Article 1 Paragraph 1 of the Agreement on Fisheries between Japan and the Republic of Korea Nationals of the Republic of Korea The fishing zone Nationals of the People's Republic of China (including the People's Republic of China, its public organizations or similar organizations, or juridical persons and other organizations established under its laws and regula tions) The fishing zone 8 Supplementary Provisions This Cabinet Order shall enter into force on the date of entry into force of the Law (1 July, 1977).