Law to partially amend the Law on Provisional Measures relating to the Fishing Zone, 1977 (No. 83 of 1977)

(Unofficial Translation) Law to partially amend the Law on Provisiono.l 11easures r-eLa t i ng .t o the FishinG Zone (Law No. 83 of 29 November 1977) The Law on Provisional Measures relating to the Fishing Zone (Law No. 31 of 1977) shall be partially amended as follows: The words "procedures necessary for the implementation of Articles 23 to 25 and other matters necessary therefor shall be prescribed by Ordinance of the competent Ministry, and other" shall follow the words "Unles8 otherwise provided for in this Law ;" in Articl e 15. The following four articles shall follow Article 22: (Release, etc., upon the posting of bond, etc.)' Article 23 When seizure (The term "seizure" means the seizure of a v os s cL or the arrest of a master or any other cr-ew, The same slwll apply hereinafter.) is effected in connection with a CiU.H~ involvinG an offense under the provisions of this Law or other offenses prcscribedb;y Cabinet Or<1er (hereinafter referred to as II the ca so "}, any officer do s i gna t ed by Cabinet Order 1'1'0111 amonG the judicinl police officers (hereinafter referred to [In "Llio enforcement officer") shall, without del ay , notify tlln nl:n: t.c i: of the vcsueI pertaining to the aforesaid s e i zur-e (incl udin/.'; cl l1.Y po ruon p cr-I'o rm.ing the duties of mOB tel') nn:l 2 and the offender of the following matters, except i v ~ s o far us the case per t a i ns to tho fisheries or the catchinG and taking of marine animals .and plants engaged in by foreigners proscribed uy Cabinet Order. (1) The offender shall be r-cLeas ed and the ve s s el and any other articles seized (hereinafter ru:erred to as "articles se i.zcd") shall be returned) wi thont delay, upon the postjnc; of bond or a document f;uaranteeing the posting thereof ",i t.h the competent Hini s t er' as p re scribed by the Cabinet Order referred to in ParaBraph 1 of the follo wing article. (2) The 8illount required to be posted as bond. 2. The runount of the bond provided for in Sub-ipar-agr-aph of the preceding paragraph shall be determined by the enf'o rc ement officer in accoadanc e ylit:r~ the criteria laid down by the ccmpetent Minister as prescribed by Cabinet Order, taking into considerotion the type, nature and other circum stences of the casco Articl e 24 \;l118n the bond in the amount notified pursu ant to t h e provisions of PaJ."r1craph 1 of "I:. h c preceding a r-t i.c l.e or the document; gU<lraIl teeing the postine; thereof is posted wi. th the competent Minister as pr0scrib~d by Cnbfnct Order, the competent I'Li n i :~t(>r ~,hall, wi, thou t dcLny , notify the enf'or-c cmcn officer or puul i.c Pl'o:;<:eutor to that eI'f'e c t , ') • • < 3 2. lTpon receiving notification pursuant to the pro visions of the precedinr, paragraph, the enforcement officer shall, without delay, release the offender and return a.rticles seized. 3. Upon receiving notification pursuant to the provisions of Paragraph 1, the public prosecutor shall, without delay, take the steps necessary for the release of the offender and the return of articles seized. Article 25 The bond shall be held in the custody of the competent JVlinistE;I' • 2. Where, In the proceedings relating to the case, the offender fails to appear at the place required on t~e date required, orthe articles seized which were returned but which the person (party) concerned hAS b~~n required to produce, are ngt produced at the p Ir required on the date required, the bond shall accrue to the National Trecwury on the day one month from the day following the aforesaid date, except where communication is made \."i t.h i n one month of the day f'o l Lowd.ng the aforesaid date to tile effeet that appearance will be made or the aforesaid 8rticles will be produced on a specified day within tbT'ce monthn of the dny following the aforesaid date. /.) n \'Jhcr(~, ill c as e s prescribed by t.he proviso o f the pr-e c cd i.ng p:lr,l{';J'ilp!;, the of'f'ondc r f:-I1."1. s to appear or the af'or-e sn i d 'lrliel os arc no t p.t-oduc ed on the specified day per t a i.n i.ng to tho ll- the nforenoid communication, the bond shall accrue to the NAtional Treasury on the day following that day. '1. "Jherc circumstances arise in which custody of the bond is no longer necessary, as in the case of conclusion of the pr-oc e cdi.ng » r el a t i ng to the case, the bond shall be returned. (The competent Minister, etc.) Article 26 The eompetent 1'1inister referred to in the pr-e c ed i.ng t hr ee articles and the competent ~inistry referred to in Ar t i cl e 15 shall be prescribed by Cabinet Order. Supplementary Provisions (Date of entry into force) 1. Thi s Law shall enter into force on the date of its promuJgn tion. (Transitional measures) ~? Cn ~; h or a document guarc:mteeing the posting thereof which W3S pon ted befor e the entry into force of this Law by t he master of n vessel seized or other parties concerned, in connection with a c ~s e provided for i n Articl e 23 Paragrap h 1 of the amend ed Law on Provisional tleasures relatinfj to the li'ishine; /"one and correspondinf, to the bond or the document gun:caI1teeinp, the po;~ t i l:'~ thereof prov idcd for i.n Artiele ?'+ Parnl~I'n.ph 1 of t.he ~ ;:l :H C T.'Hv .rhn l J be dc crTJ('(1 to c cn.it i tut o a bond or thereof p ur-a uu n t t.o the provi.sions of the same pi.u·ntjrnph.