Cabinet Order No. 313 of 1977 to partially amend the Enforcement Order of the Law on Provisional Measures relating to the Fishing Zone

(Unofficial Translation) Cabinet Order to partially amend the Enforcement Order of the Law on Provisional Measures relating to the Fishing Zone (Cabinet Order No. 313 of 29 'November 1977) The Cabinet hereby enacts this Cabinet Order in accordance with the provisions of Article 23 Paragraphs 1 and 2, Article 24 Paragraph 1, and Article 26 of the La..... on Provisional Measures relating to the Fishing Zone (Law No. 31 of 1977). The Enf'or-c euient, Order of the Law 011 Pr-ov i s i ona I Measures relating to the Fishing Zone (Cabinet Order No. 212 of 1977) shall be partially amended es follows: The following five articles shall follow after Article 6: (Offenses p~escribed by Cabinet Order provided for in Lrticle 23 Paragraph 1 of the Law) Article 7 The Offenses prescribed by Cabinet Order provided for in Article 23 Paragraph I of the Law shall be offenses under' the provisions of the Law and offenses under Articles 141 and 145 of the Fisheries Law (but o nLy those parts of Ar-t i cl e s JIll find lL~[) whi ch r-o f'e r \.0 .~. l · t i (' l (' '7'1 of t h« r amc Law ) app Li.od in ~1'~(·01·d:lll!'(, with the pr-o vi si onn of Article 4 of the Lav . (Enforcement 2 (EnforcemRnt officer) Article 8 An officer designated by Cabinet Order provided for in Article 23 Paragraph 1 of the Law shall be a fisheries inspector or mar i t i me r. a I'e t y o I'fi.c er-, (Criterj[i for tbe nmount of the bond) Article 9 The criteria proviJed for in Article 23 Paragraph 2 of the Law shall be laid down\ takin~ into consideration the type of o f f'cnne , the penal ty prescribed for that offense, the degree and fl'cqupncy of the offense, etc. (Postin~ of bond, etc.) Article 10 Rond (other than thHt whieh is posted pursuant to the provisions 11 t a t ed in 8 do cumcnt guaranteeing the po s t ing of bond {hereirw.ftcr referred to as "the wr i ttcn gua I'" nt: C' (\1'7c: c~ J. . \.. .; • 'l'hc name ShD 11 apply in Sub-paragraph (1).) ('1' .-t no wr i t.t c n guarr.nt.o c shall "he pos t.ed pursuant to the following provisions. (1) In t.h o co -.e of the bond, it. s ha I L be posted in t12p[jnl~~~(' cur-r-ency by the offender or the lila~;tC'c of the vessel pe r t n i n i.ng to the s oi zu r c or any 0 ther party r-ec ogn i zed (l bond wi t h i u tell d ay s of t.ne da y fa Ll owi.ng U13t OIl wh i ell the no t i i'i ca t i on pr-e sc.r-i bud in Article ~~3 Par-agr-aph 1 of tli<:~ :3 the Law is made (or, where the enforcement officer, rer.or:nizinp; that unnv o i dab Le c i r-cums t ance s e x i.s t , has extended the period concerned to within twenty days of the day following th8t on which the aforesaid notification is made, within that extended period). (2) In the case of the written guarantee, it shall be in conformi ty wi th the f'o Ll.ow i.ng requirements and be po s t ed within the period prescribed in the preceding Sub paragraph (l). (a) The aforesaid wr-i tten guarantee shall be that wh i ch guarantees the posting of bond in Japanese currency within cne month of the day following the day on which the aforesaid written guarantee is posted, and is such that it is considered that the bond will be posted with certainty pursuant to the provisiobs stated therein. (b) The person (party) who posts the bond pertaining to the aforesaid written guarantee shall correspond to the person (party) prescribed in the preceding Hub-paragraph ll). 2. Where the last day of the period provided for in Sub pa r ag r aph (:1) and Gub-pa ra[)T'nph (cD ([I) of the preceding paragraph falls on Sunday~ D holiday provided for in the Nation"l Holidoys Law (Law No. 178 of 1948), or the 2nd or 3rd 0 f J anua r-y , t ha t dny f:~lHL11 not be included in the [1 forc ~;il id period. Il (The competent Minister and Ordinance of the competent Ministl~) Article 11 1. The competent Minister referred to in Article 23 Paragraph 1, Article 24 Paragraph 1, and Article 25 Par-ag r-o ph 1 of the Law, and in Paragraph 1 of the precedi L[~ article 811811 be the l'linistcr of Agriculture and For cs t r-y with respect to the case p ort a i n i ng to the fisJJ(~rics j nsp ec tor, and the Hi n i s t e I' of 'I'r-ansoo r-t witl1 r-e sp ec t to th~ case pertaining to the maritime safety officer, and t~0 competent Minister referred to in Arti~lc 23 ParagrDph 2 of the Law shall be the Minister of Agriculture and Forestr;Yand the Minister of Transport. 2. The Grdinance of the competent Ministry referred to in Article 15 of the Law sh811 be the Ordinance of the MiniGt~J of Agriculture and Forestry and. the 11inistry of Transport. SuppleJ1lent8ry. Provisions (Date of entry jnto force) 1. This Cabinet Order shall enter into force on the date of its promulGation. (Abrogation of the: Cabinet Order relating to Custody of Cash, c t c , , posted as [1 Bond pertaining to the Seizure of a Foreign Fishing Vesse)) 2. 'I'he Cabinet Order r-cl a t i.ng to Custody of Ca sh , ct c ; , po~tcd as a Bond pertDining to the Seizure of n ¥orei~n Fi~;)lin(~ Vef;~;e1 (Cab i ne t 01'J.\T no. ?56 of 1977) nhnl1 "be C'lbrogatcd.