THE LAW FOR THE CONSERVATION OF ENDANGERED SPECIES
OF WILD FAUNA AND FLORA
June 5, 1992, Law No. 75
(Preliminary Translation)
Amended June 29, 1994, Law No. 52
INDEX
CHAPTER I
CHAPTER II
CHAPTER III
CHAPTER IV
CHAPTER V
CHAPTER VI
CHAPTER I GENERAL PROVISIONS
CHAPTER I
GENERAL PROVISIONS
Article 1
Purposes
This Law is, in view of the fact that wild fauna and flora are an indispensable element of the
wholesome life of human beings not only as an important constituent of the ecosystems but also as
that of the natural environment as a whole, aimed at conserving the wholesome natural environment
by protecting endangered species of wild fauna and flora and at contributing towards the maintenance
of wholesome and cultured living of the people at present and in future.
Article 2
Responsibilities
1. The National Government shall formulate and execute measures for the conservation of
endangered species of wild fauna and flora whilst grasping at all times the conditions in which species
(where there are subspecies or varieties, the subspecies and varieties; the same shall apply
hereinafter)of wild fauna and flora are living.
2. Local governments shall formulate and endeavour to execute measures for the conservation of
endangered species of wild fauna and flora according to natural and social conditions in each of their
jurisdictions.
3. The people shall endeavour to contribute towards the conservation of endangered species of wild
fauna and flora by co-operating with the National Government and local governments in executing the
measures under the preceding two Paragraphs and by taking other actions.
Article 3
Respect for Property Rights, Etc.
In applying this law, ownership and other property rights of parties concerned shall be respected,
consideration be given the stability of living of inhabitants as well as the maintenance and
advancement of their welfare, and attention be given the conservation of the national land and at the
same time adjustment with other public interests.
Article 4
Definitions Etc.
1. The term "endangered" in this Law means the situations in which the number of individuals of
species of wild fauna and flora is in such a small number as to threaten their survival, the number of
such species is remarkably declining, the principal habitats of such species are disappearing, their
living conditions are conspicuously deteriorating, and there are other circumstances where the survival
of such species is impeded.
2. The term "endangered species of wild fauna and flora" in this Law means the national endangered
species of wild fauna and flora mentioned in the following Paragraph, the international endangered
species of wild fauna and flora designated in Paragraph 4, and the temporarily designated endangered
species of wild fauna and flora specified in Paragraph 1 of the following Article.
3. The term "national endangered species of wild fauna and flora" in this Law means endangered
species of wild fauna and flora the individuals of which live or grow in this country that are designated
by a Cabinet Order.
4. The term "international endangered species of wild fauna and flora" in this Law means endangered
species of wild fauna and flora which are to be conserved under international co-operation
arrangements (excluding the national endangered species of wild fauna and flora) and are designated
by a Cabinet Order.
5. The term "designated national endangered species of wild fauna and flora" in this Law means the
national endangered species which fall under both of the Items mentioned in the following and are
designated by a Cabinet Order:
(1) Species the individuals of which may be commercially bred or cultivated.
(2) Species which are not to be conserved under international co-operation arrangements.
6. The Prime Minister shall hear opinions of the Nature Conservation Council when a Cabinet
Order is to be drafted to enact, amend or abolish with respect to the preceding three Paragraphs.
Article 5
Temporarily Designated Endangered Species
1. The Director-General of the Environment Agency may designate as the temporarily designated
endangered species of wild fauna and flora such species deemed as those especially requiring urgent
conservation measurers, other than the national endangered species of wild fauna and flora and the
international endangered species of wild fauna and flora.
2. The Director-General of the Environment Agency shall consult in advance with the heads of the
administrative organizations concerned when the designation under the provision of the preceding
Paragraph (hereinafter referred to as "the designation" in this Article) is to be made.
3. A term of such designation shall not exceed three (3) years.
4. The Director-General of the Environment Agency shall, when such designation is to be made, make
an announcement in the Official Gazette to that effect and that of the particular species of wild fauna
and flora to be designated.
5. Such announcement shall go into effect two (2) days after the announcement is made under the
provision of the preceding Paragraph.
6. The Director-General of the Environment Agency shall terminate such designation when the
designation is deemed to be no longer necessary.
7. The provisions of Paragraph 2, Paragraph 4 and Paragraph 5 are applied mutatis mutandis to the
termination of the designation under the provision of the preceding Paragraph. In such cases, "two (2)
days after the day the announcement is made under the provision of the preceding Paragraph" shall be
replaced to read "by an announcement made under the provision of the preceding Paragraph applied
mutatis mutandis to Paragraph 7".
Article 6
National Guideline for the conservation of Endangered Species of Wild Fauna and Flora
1. The Prime Minister shall, hearing opinions of the Nature Conservation Council, draft a national
guideline for the conservation of the endangered species of wild fauna and flora and seek a Cabinet
decision upon it.
2. The national guideline in the preceding Paragraph (hereinafter referred to as "the national guideline
for the conservation of the endangered species of wild fauna and flora" in this Article) shall stipulate
in regard to the matters mentioned in the following:
(1) A basic concept with respect to the conservation of the endangered species of wild fauna and flora.
(2) Basic matters pertaining to the selection of the endangered species of wild fauna and flora.
(3) Basic matters relating to treatment of individuals (including eggs and seeds as designated by a
Cabinet Order; the same shall apply hereinafter), their parts (only limited to those requiring measures
for the conservation of species on which controls etc. are enforced in regard to transfers etc. under this
Law and at the same time those the species of which are easily recognizable and are designated by a
Cabinet Order; the same shall apply hereinafter), those produced of these individuals and/or parts
(only limited to those the species of which are easily recognizable and are designated by a Cabinet
Order; the same shall apply hereinafter).
(4) Basic matters regarding the conservation of habitats of individuals of the national endangered
species of wild fauna and flora.
(5) Basic matters respecting programmes for the rehabilitation of natural habitats and the maintenance
of viable populations (programmes for the promotion of breeding of individuals of the national
endangered species of wild fauna and flora, those for implementing conservation measures for habitats
of them, and other programmes intended for the conservation of the national endangered species of
wild fauna and flora; the same shall apply in Chapter IV).
(6) Important matters for the conservation of the endangered species of wild fauna and flora, in
addition to those mentioned in each of the preceding Items.
3. The Prime Minister shall, when a Cabinet decision is taken under Paragraph 1 with respect to the
national guideline for the conservation of the endangered species of wild fauna and flora, announce it
without delay.
4. The provisions of Paragraph 1 and the preceding Paragraph shall be applied mutatis mutandis to
amendments of the national guideline for the conservation of the endangered species of wild fauna and
flora.
5. The disposition, other measures and programmes based on the provisions of this Law for the
conservation of the endangered species of wild fauna and flora shall be in harmony with the national
guideline for the conservation of the endangered species of wild fauna and flora.
CHAPTER II CONTROLS OF TREATMENT OF INDIVIDUALS ETC.
CHAPTER II
CONTROLS OF TREATMENT OF INDIVIDUALS ETC.
Section 1
Duties Etc. of Owners of Individuals Etc.
Article 7
Duties of Owners Etc. of Individuals Etc.
Owners or Possessors of individuals or their parts or products thereof (hereinafter referred to in a
general term as "the individuals etc.") of the endangered species of wild fauna and flora shall be
conscious of the importance of conserving the endangered species of wild fauna and flora, and shall
endeavour to properly treat the individuals etc.
Article 8
Advice or Guidance
The Director-General of the Environment Agency may, when it is deemed as necessary for the
conservation of the endangered species of wild fauna and flora, give owners or possessors of the
individuals etc. of the endangered species of wild fauna and flora necessary advice or guidance on
treatment of the individuals etc.
Section 2
Prohibition of the Taking of Individuals and Transfers of Individuals Etc.
Article 9
Prohibition of the Taking Etc.
The taking, collection, killing or injuring (hereinafter referred to as "the taking etc.") of living
individuals of the national endangered species of wild fauna and flora and the temporarily designated
endangered species (hereinafter referred to as "the national endangered species of wild fauna and flora,
etc." in this Section and Article 54 Paragraph 2) shall not be committed. However, the same shall not
apply in the cases mentioned in the following:
(1) The cases where the taking etc. are conducted in regard to permission under the permission granted
under Paragraph 1 or Paragraph 2 of the following Article.
(2) The cases prescribed by a Prime Minister's Office Ordinance as necessary to maintain living and
not being feared as detrimental to the conservation of the species.
(3) The cases where there are unavoidable reasons, such as the protection of human life or body, as
stipulated by a Prime Minister's Office Ordinance.
Article 10
Permission of the Taking Etc.
1. Those who are to conduct the taking etc., for the purposes of scientific research, breeding or other
purposes provided for by a Prime Minister's Office Ordinance, of living individuals of the national
endangered species of wild fauna and flora, etc. (excluding those prescribed in the following
Paragraph) shall obtain permission of the Director-General of the Environment Agency.
2. Those who are to conduct the taking etc. of living individuals of the designated national endangered
species of wild fauna and flora for the purposes of breeding for transfers or deliveries relative to
businesses provided for in Article 30 Paragraph 1 shall obtain permission of the Director-General of
the Environment Agency and the Minister of Agriculture, Forestry and Fisheries.
3. Those who are to seek the permission under Paragraph 1 shall, as prescribed by a Prime Minister's
Office Ordinance, apply for the permission of the Director-General of the Environment Agency.
4. The Director-General of the Environment Agency shall not give the permission under Paragraph 1
where there are reasons that fall under any of the following Items in regard to the taking etc. pertaining
to the applications under the preceding Paragraph.
(1) That the purposes of the taking etc. do not conform to the purposes prescribed in Paragraph 1.
(2) That it is feared to be detrimental to the conservation of the national endangered species of wild
fauna and flora, etc. by the taking etc.
(3) That those who are to conduct the taking etc. are recognized as being unable to properly treat the
individuals relating to the taking etc. for such a fact as the inability to maintain proper breeding and/or
cultivating facilities.
5. The Director-General of the Environment Agency may, when it is deemed as necessary for the
conservation of the national endangered species of wild fauna and flora, etc., attach conditions, within
the limit of that necessity, to the permission to be granted under Paragraph 1.
6. The Director-General of the Environment Agency shall, when the permission is given under
Paragraph 1, issue certificates of the permission as stipulated by a Prime Minister's Office Ordinance.
7. Of those who have been given the permission under Paragraph 1, corporations and others who a
Prime Minister's Office Ordinance stipulates have unavoidable reasons to employ other persons for the
taking etc. in regard to the permission may, as prescribed by a Prime Minister's Office Ordinance,
obtain certificates certifying they are those engaged in the taking etc. relating to the permission under
the supervision of the said corporations or others. The applications for such certificates shall be filed
with the Director-General of the Environment Agency.
8. Those who have obtained the permission under Paragraph 1 may, where they or those engaged in
the taking etc. respecting the permission under their supervision have lost the certificates of the
permission provided for in Paragraph 6 or the certificates under the preceding Paragraph or where the
certificates under Paragraph 6 or the preceding Paragraph have perished, apply to the Director-General
of the Environment Agency, as prescribed in a Prime Minister's Office Ordinance, for the reissue of
the certificates under Paragraph 6 or the preceding Paragraph and obtain them.
9. Those who have obtained the permission under Paragraph 1 or those engaged in the taking etc.
relating to the permission shall carry the certificates under Paragraph 6 or Paragraph 7 while they are
engaged in the taking etc.
10. Those who have conducted the taking etc. with the permission under Paragraph 1 shall
accommodate the individuals pertaining to the taking etc. in proper breeding and/or cultivating
facilities and shall otherwise properly treat them by methods prescribed by a Prime Minister's Office
Ordinance.
11. The provisions in Paragraph 3 - Paragraph 6 shall be applied mutatis mutandis to the permission
under Paragraph 2; and, so shall the provisions in Paragraph 7 and Paragraph 8 be to those who have
obtained the permission under Paragraph 2, the provision of Paragraph 9 be to those who have
obtained the permission under Paragraph 2 or those engaged in the taking etc. relating to the
permission under their supervision, and the provision of the preceding Paragraph be to those who have
conducted the taking etc. with the permission under Paragraph 2. In such cases, the "Prime Minister's
Office Ordinance" in Paragraph 3, Paragraphs 6-8 and the preceding Paragraph shall be replaced to
read the "Prime Minister's Office Ordinance, Ministry of Agriculture, Forestry and Fisheries
Ordinance"; and, so shall "the Director-General of the Environment Agency" in Paragraphs 3-8 be "the
Director-General of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries",
"the purposes prescribed in Paragraph 1" in Paragraph 4 Item 1 be "the purposes prescribed in
Paragraph 2", and "necessary for the conservation of the national endangered species of wild fauna
and flora, etc." in Paragraph 5 be "necessary for contributing towards the conservation of endangered
species of wild fauna and flora by promoting the breeding on cultivation of individuals of the
designated national endangered species of wild fauna and flora".
Article 11
Orders for Measures by Those Permitted to conduct the Taking Etc.
1. The Director-General of the Environment Agency may, where those granted the permission under
Paragraph 1 of the preceding Article violate the provisions of Paragraph 10 of the same Article or
where they fail to meet the conditions attached under the provision of Paragraphs 5 of the same
Article, order them to adopt necessary measures, such as improvement of the breeding and/or
cultivating facilities, in the cases where such measures are recognized as necessary for the
conservation of the national endangered species of wild fauna and flora, etc.
2. The Director-General of the Environment Agency may, where those given the permission under
Paragraph 1 of the preceding Article violate this Law or the provisions of the orders based on this Law
or the disposition based on this Law and where such violations are recognized as detrimental to the
conservation of the national endangered species of wild fauna and flora, etc., annul the permission.
3. The provisions of the preceding two Paragraphs shall be applied mutatis mutandis to those granted
the permission under Paragraph 2 of the preceding Article. In such cases, "the Director-General of the
Environment Agency" in the preceding two Paragraphs shall be replaced to read "the Direc-torGeneral of the Environment Agency and the Minister of Agriculture, Forestry and Fisheries"; and, so
shall "necessary for the conservation of the national endangered species of wild fauna and flora, etc."
be to read "necessary for contributing towards the conservation of the endangered species of wild
fauna and flora by promoting the breeding or cultivation of individuals of the designated national
endangered species of wild fauna and flora", and "detrimental to the conservation of the national
endangered species of wild fauna and flora, etc." in the preceding Paragraph be to read "detrimental to
efforts for the conservation of the endangered species of wild fauna and flora by promoting the
breeding or cultivation of individuals of the designated national endangered species of wild fauna and
flora".
Article 12
Prohibition of Transfers Etc.
1. The transfers, delivery or receiving (hereinafter referred to as the "transfers etc.") of individuals etc.
of the endangered species of wild fauna and flora shall not be conducted. However, the same shall not
apply in the cases mentioned in the following:
(1) The cases where the transfers etc. are conducted in regard to permission under the permission
granted under Paragraph 1 of the following Article.
(2) The cases where the transfers etc. are conducted of individuals etc. of the designated national
endangered species of wild fauna and flora.
(3) The cases where the transfers etc. are conducted of parts and products of the international
endangered species of wild fauna and flora designated by a Cabinet Order as being used as materials
of products produced in the country (hereinafter referred to as "the designated materials, etc.") as well
as those satisfying the requisites prescribed by a Cabinet Order to forms, sizes and other matters of the
designated materials, etc. and products thereof by their types (hereinafter referred to as "the designated
parts, etc.").
(4) The cases where the transfers etc. are conducted of individuals of the national endangered species
of wild fauna and flora, etc. the taking etc. of which have been conducted under the provision of
Article 9 Item 2, parts of such individuals, or products thereof.
(5) The cases where the transfers etc. are conducted of individuals etc. of the international endangered
species of wild fauna and flora registered under Article 20 Paragraph 1 or the designated materials,
etc. relative to prior registration certificates under Article 20-3 Paragraph 1, the transfers etc. of which
have been recorded in accordance with the same Paragraph.
(6) The cases where either of the parties of the transfers etc. of individuals etc. of the endangered
species of wild fauna and flora are organizations of the National Government or local governments
and they are prescribed by a Prime Minister's Office Ordinance.
(7) In addition to each of the preceding Items, the cases stipulated by a Prime Minister's Office
Ordinance as the ones not feared to be detrimental to the conservation of the endangered species of
wild fauna and flora.
2. The Director-General of the Environment Agency shall consult with the Minister of Agriculture,
Forestry and Fisheries and the Minister of International Trade and Industry when the Prime Minister's
Office Ordinance in Item 6 or Item 7 of the preceding Paragraph is contemplated to be enacted,
amended or abolished.
Article 13
Permission of Transfers Etc.
1. Those who are to conduct the transfers etc. of individuals etc. of the endangered species of wild
fauna and flora for the purposes of scientific research, breeding or cultivation, or other purposes
prescribed by a Prime Minister's Office Ordinance (excluding those falling under any of the cases
mentioned in Items 2-7 of Paragraph 1 of the preceding Article) shall obtain permission of the
Director-General of the Environment Agency.
2. Those who are to seek the permission under the preceding Paragraph shall, as prescribed by a Prime
Minister's Office Ordinance, apply for the permission of the Director-General of the Environment
Agency.
3. The Director-General of the Environment Agency shall not grant the permission under Paragraph 1
where there are reasons as to the transfers etc. relating to the applications under the preceding
Paragraph that fall under any of the following Items:
(1) That the purposes of the transfers etc. do not conform to the purposes provided for in Paragraph 1.
(2) That the transferers or recipients are recognized as being unable to properly treat the individuals
etc. relating to the receiving for the conservation of the species for such a fact as the inability to
maintain proper breeding and/or cultivating facilities.
4. The provisions of Article 10 Paragraph 5 shall be applied mutatis mutandis to the permission under
Paragraph 1; and so shall the provision of Paragraph 10 of the same Article be to those transferrers or
recipients with the permission under Paragraph 1, and the provision of Paragraph 2 of the preceding
Article be to the enactment, amendment or abolition of the Prime Minister's Office Ordinance in
Paragraph 1. In such cases, "the individuals pertaining to the taking etc." shall be replaced to read "the
individuals etc. relating to the receiving".
Article 14
Orders for Measures by Those Permitted to Conduct Transfers Etc.
The Director-General of the Environment Agency may, where those granted the permission under
Paragraph 1 of the preceding Article violate the provision of Article 10 Paragraph 10 applied mutatis
mutandis to Paragraph 4 of the same Article or they fail to meet the conditions attached under the
provision of Article 10 Paragraph 5 applied mutatis mutandis to Paragraph 4 of the preceding Article,
order them to take necessary measures, such as improvement of the breeding and/or cultivating
facilities, in the cases where such orders are necessary for the conservation of the endangered species
of wild fauna and flora.
Article 15
Prohibition of Exports and Imports
1. The individuals etc. of the national endangered species of wild fauna and flora, other than the
designated national endangered species of wild fauna and flora, shall not be either exported or
imported. However, the same shall not apply in the cases where such exports or imports satisfy the
requisites prescribed by a Cabinet Order, such as the cases where they have the purposes of
conducting scientific research under international co-operation arrangements and those for special
necessity and they do not impede the conservation in the country of the national endangered species of
wild fauna and flora.
2. Those who are to export or import the individuals etc. of the endangered species of wild fauna and
flora, other than the designated national endangered species of wild fauna and flora, shall be assigned
the duty of obtaining approval of exports or imports as stipulated by the provisions of Article 48
Paragraph 3 or Article 52 of the Foreign Exchange and Foreign Trade Control Law (Law No. 228 of
1949).
Article 16
Orders Etc. for Measures against Illegal Importers
1. The Minister of International Trade and Industry may, where individuals etc. of the endangered
species of wild fauna and flora other than the designated national endangered species of wild fauna
and flora are imported without the approval under the provisions of a Cabinet Order based on the
provisions of Article 52 of the Foreign Exchange and Foreign Trade Control Law, order the importers
of the individuals etc. to return them by designating proper facilities in either the exporting countries
or the countries of origin or other places for the protection of them in the cases where such orders are
deemed as necessary.
2. The Director-General of the Environment Agency and the Minister of International Trade and
Industry may, where transfers etc. are made from those who have imported individuals etc. of the
endangered species of wild fauna and flora other than the designated national endangered species of
wild fauna and flora without the approval under the provisions of a Cabinet Order based on the
provisions of Article 52 of the Foreign Exchange and Foreign Trade Control Law to those who,
violating the provisions of Article 12 Paragraph 1, received the individuals etc., knowing they have
been imported without the said approval, order the transferrers to return them by designating proper
facilities in either the exporting countries or the countries of origin or other places for the protection of
them in the cases where such orders are deemed as necessary.
3. In the cases where the Minister of International Trade and Industry has issued orders under the
provisions of Paragraph 1 or where the Director-General of the Environment Agency and the Minister
of International Trade and Industry have issued orders under the provisions of the preceding Paragraph
but those who have been issued the orders fail to carry out the returns based on the orders, the Minister
of International Trade and Industry or the Director-General of the Environment Agency and the
Minister of International Trade and Industry (referred to as the "Minister of International Trade and
Industry, etc." in Article 52) may by themselves return the individuals etc. to the proper facilities
prescribed in the preceding two Paragraphs or other places and may have the transferrers bear the
whole or a part of the costs.
Article 17
Prohibition of Display
The individuals etc. of the endangered species of wild fauna and flora shall not be displayed for the
purposes of selling or distribution. However, the same shall not apply to the cases where the
individuals etc. of the designated national endangered species of wild fauna and flora, the designated
parts, etc., the individuals of the national endangered species of wild fauna and flora, their parts or the
products thereof the taking etc. of which have been conducted under Article 9 Item 2; the individuals
etc. of the international endangered species of wild fauna and flora registered under Article 20
Paragraph 1, or the designated materials etc. relating to the prior registration cards in which necessary
matters are entered within the purview of Article 20-3 Paragraph 1, and other cases a Prime Minister's
Office Ordinance prescribes as not being feared as detrimental to the conservation of the endangered
species of wild fauna and flora.
Article 18
Orders against Those Displaying Individuals Etc.
The Director-General of the Environment Agency may order those displaying the individuals etc. of
the endangered species of wild fauna and flora in violation of the provisions of the preceding Article
to take necessary actions, such as discontinuation of the displays, to assure the adherence to the
provisions of the said Article.
Article 19
Collection of Reports and On-the-Spot Inspections
The Minister or the Ministers of State mentioned in each of the following Items may, within the limit
of the necessity of enforcing this Law, seek from those mentioned in each of the said Items reports on
the conditions in which the individuals etc. of the endangered species of wild fauna and flora are
treated and other necessary matters, or they may have their personnel enter the premises relating to the
taking etc. of the individuals of the endangered species of wild fauna and flora or the transfers etc. of
the individuals, or the facilities regarding imports or displays to have their personnel inspect the
individuals etc. of the endangered species of wild fauna and flora, the breeding and/or cultivating
facilities, and other articles, such as documents, or they may have them enquire the parties concerned:
(1) The Director-General of the Environment Agency: Those granted the permission under Article 10
Paragraph 1 or Article 13 Paragraph 1 or those displaying the individuals etc. of the endangered
species of wild fauna and flora for the purposes of selling or distribution.
(2) The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and
Fisheries: Those granted the permission under Article 10 Paragraph 2.
(3) The Director-General of the Environment Agency and the Minister of International Trade and
Industry: The transferrers of the imported individuals etc. of the endangered species of wild fauna and
flora, other than the designated national endangered species of wild fauna and flora.
(4) The Minister of International Trade and Industry: Those who have imported the individuals etc. of
the endangered species of wild fauna and flora other than the designated national endangered species
of wild fauna and flora.
2. The personnel to conduct the on-the-spot inspections under the provision of the preceding
Paragraph shall carry certificates indicating their Positions and present them to the parties concerned.
3. The authority referred to in Paragraph 1 shall not be interpreted as that granted for criminal
investigations.
Section 3
Registration Etc. of Individuals Etc. of International Endangered Species of Wild Fauna and
Flora
Article 20
Registrations of Individuals Etc.
1. Owners based on due title of the individuals etc. of the international endangered Species of wild
fauna and flora (excluding the designated parts, etc.) which satisfy the requisites stipulated by a
Cabinet Order, such as the individuals bred or cultivated for commercial purposes or the parts of the
individuals or the products thereof (hereinafter referred to as "the requisites for registrations" in this
Chapter), may seek registrations by the Director-General of the Environment Agency as for the
individuals etc.
2. Those seeking the registrations under the preceding Paragraph (hereinafter referred to as "the
registrations" in this Section and Article 59 Item 3, excluding Paragraphs 1-2 of the following Article)
shall, as prescribed by a Prime Minister's Office Ordinance, apply for the registrations to the
Director-General of the Environment Agency.
3. The Director-General of the Environment Agency shall, where the registrations have been made,
issue, as prescribed by a Prime Minister's Office Ordinance, registration cards.
4. The owners based on due title for whom the registrations have been made for the individuals etc. of
the international endangered species of wild fauna and flora may, where they have lost the registration
cards under the preceding Paragraph (hereinafter referred to as "the registration cards" in this Section)
or the registration cards have perished, apply, as prescribed by a Prime Minister's Office Ordinance,
for the reissue to the Direc-tor-General of the Environment Agency to obtain the reissued registration
cards.
5. The provision of Article 12 Paragraph 2 shall be applied mutatis mutandis to the enactment,
amendment or abolition of the Prime Minister's Office Ordinance in Paragraph 2.
Article 20-2
Prior Registrations of Designated Materials, Etc.
1. Those to transfer or deliver the designated materials, etc. (excluding the designated parts) which
meet the registration requisites in a number exceeding that stipulated by a Cabinet Order per one (1)
year may make the registrations prior to the transfer or the delivery with the Director-General of the
Environment Agency regarding such matters as the classification, number and planned sources of
the designated materials, etc. to transfer or deliver, as prescribed by a Prime Minister's Office
Ordinance. However, the same shall not apply to those coming under any of the following Items:
(1) Those having committed offenses stipulated by this Law for whom two (2)years have not elapsed
since the day the punishment against the offenses was executed or the execution was terminated.
(2) Those for whom two (2) years have not elapsed since the day the return orders prescribed by
Paragraph 6 of the preceding Article were received.
2. Those who are to make the registrations under the preceding Paragraph (hereinafter referred to as
"the prior registrations" in this Section and Article 59 Items 3-4) shall, as prescribed by a Prime
Minister's Office Ordinance, apply to the Director-General of the Environment Agency for the prior
registrations.
3. The Director-General of the Environment Agency shall, where the prior registrations are made,
issue, as prescribed by a Prime Minister's Office Ordinance, certificates of the prior registrations in a
number corresponding to the number of the designated materials, etc. to those who have made the
application.
4. The provision of Paragraph 5 of the preceding Article shall be applied mutatis mutandis to the
enactment, amendment or abolition of the Prime Minister's Office Ordinance in Paragraph 2.
Article 20-3
Regulations To Be Adhered to by Those Who Have Made Prior Registrations
1. Those who have made the prior registrations shall, where they are to transfer or deliver the
designated materials, etc. corresponding to the designated materials, etc. to be transferred or delivered,
enter necessary matters in the certificates of registrations under Paragraph 3 of the preceding Article
(hereinafter referred to as "the prior registration certificates" in this Section and Article 59 Item 4) by
each of the designated materials, etc. and attach them to the designated materials, etc., as prescribed by
a Prime Minister's Office Ordinance. However, the entry shall not be made after the day one (1) year
has elapsed since the day a prior registration was made.
2. Those who have made the prior registrations shall, as stipulated by a Prime Minister's Office
Ordinance, report every three (3) months to the Director-General of the Environment Agency
necessary matters pertaining to the designated materials, etc. for which the prior registrations were
made that have been transferred or delivered during the three (3) months passed.
3. The registrants shall, at the time one (1) year has elapsed since the day the prior registrations were
made, return the prior registration certificates in which the entry has not been made within the purview
of Paragraph 1 to the Director-General of the Environment Agency as prescribed by a Prime Minister's
Office Ordinance.
4. The Director-General of the Environment Agency may, where the registrants have made the entry
of the designated materials, etc., within the purview of Paragraph 1, other than the designated
materials, etc. registered prior to the transfer or the delivery or have made the entry of matters
including false matters within the purview of the Paragraph or have violated the provisions of
Paragraphs 1-3 of the following Article or Article 22 Paragraph 1 relating to the designated materials,
etc. or the registration certificates, prohibit such offenders from making the entry within the purview
of Paragraph 1 by designating a term within a period not exceeding three (3) months, in the cases
where such actions are deemed as necessary.
5. The Director-General of the Environment Agency shall, where the registrants fall under Paragraph
1 Item 1 of the preceding Article, order such registrants to return the prior registration certificates
relative to the particular registrations.
6. The Director-General of the Environment Agency may, where the registrants have violated the
orders issued under the provision of Paragraph 4, may order such offenders to return the prior
registration certificates in regard to the particular prior registrations relating to the orders, in the cases
where such orders are deemed necessary.
7. The Director-General of the Environment Agency may, within the limit of the necessity of
enforcing the provisions of this Article, seek necessary reports from the registrants.
Article 21
Management Etc. of Registered Individuals, Etc. and Registration Cards Etc.
1. Where the individuals etc. of the international endangered species of wild fauna and flora in regard
to the registrations or prior registrations (hereinafter referred to as "the registrations etc." in this
Chapter) are to be displayed for the purposes of selling or distribution, the registration cards or the
prior registration certificates on which the entry is made within the purview of Paragraph 1 of the
preceding Article (hereinafter referred to as the "registration cards, etc." in this Chapter) shall be kept
ready at hand.
2. The transfers etc. of the individuals etc. of the international endangered species of wild fauna and
flora relating to the registrations etc. shall be conducted with the registration cards, etc. relating to the
particular individuals, etc.
3. The transfers etc. of the registration cards, etc. shall not be conducted with the exceptions of the
cases where they are transferred with the individuals etc. of the international endangered species of
wild fauna and flora respecting the particular registration cards, etc.
4. The transferrers or assignees of the individuals etc. of the international endangered species of wild
fauna and flora relative to the registrations etc. (excluding the transferrers of assignees of the
designated materials etc. with the prior registration certificates which the entry has been made within
the purview of Paragraph 1 of the preceding Article relative to the prior registrations from those who
made the prior registrations shall, as stipulated by a Prime Minister's Office Ordinance, make a report
on the transfers or assignments to the Director-General of the Environment Agency within thirty (30)
days of the transfers (three (3) months as for the transferrers or assignees of the designated materials,
etc. relative to the prior registrations).
Article 22
Returns Etc. of Registration Cards, Etc.
1. The registration cards, etc. (in the cases mentioned in Item 2, the registration cards recovered) shall
be returned to the Director-General of the Environment Agency within thirty (30) days as for the
registration cards and three (3) months as to the prior registration certificates beginning the day the
events mentioned in the following take place:
(1) The individuals etc. of the international endangered species of wild fauna and flora relative to the
registration cards, etc. cease to be owned (excluding the cases where the individuals etc. of the
international endangered species of wild fauna and flora relating to the registration cards, etc. with the
particular registration cards,etc. are transferred or delivered.
(2) The lost registration cards which have been found after the reissue under Article 20 Paragraph 4.
2. The provision of Article 20 Paragraph 4 shall be applied mutatis mutandis
to the cases where the individuals etc. of the international endangered species of wild fauna and flora
have been found after the registration cards had been returned to the Director-General of the
Environment Agency in accordance with Item 1 of the preceding Paragraph as those registered
individuals, etc. had been lost due to reasons such as theft which fall under the cases mentioned in the
same Item.
Article 23
Designated Registration Organizations
1. The Director-General of the Environment Agency may assign the duties of the Director-General of
the Environment Agency as prescribed in Article 20 - the preceding Article (excluding Article 20-3
Paragraphs 4-7; the same shall apply in Paragraph 5; hereinafter referred to as the "businesses related
to registrations" in this Section and Article 63 Item 1), of which those related to the individuals etc.,
stipulated by a Prime Minister's Office Ordinance, to organizations established in accordance with the
provisions of Article 34 of the Civil Code (Law No.89 of 1896) which the Director-General of the
Environment Agency designates as those capable of properly and reliably performing the businesses
related to the registrations on the basis of their applications.
2. The Director-General of the Environment Agency shall not make the designation under the
provision of the preceding Paragraph (hereinafter referred to as the "designation" up to Article 26)
where the applicants under the preceding Paragraph fall under any of the following Items:
(1) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed
since the day punishment against the offences was executed or the execution was terminated.
(2) Those for whom two (2) years have not elapsed since the annulment of the designation under the
provision of Article 26 Paragraph 3 or Paragraph 4.
(3) The officers of such organizations, of whom there are any falling under either (a) or (b) in the
following:
(a) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed
since the day punishment against the offences was executed or the execution was terminated.
(b) Those for whom two (2) years have not elapsed since the dismissal by order under the provision of
Article 26 Paragraph 2.
3. The Director-General of the Environment Agency shall not, where such designation has been made,
perform the businesses related to registrations as for the individuals etc. with regard to such
designation.
4. The Director-General of the Environment Agency shall, where such designation has been made,
announce the designation in the Official Gazette.
5. In applying the provisions of Article 20 - the preceding Article where the designated organizations
(hereinafter referred to as "the designated registration organizations" in this Section and Article 63)
perform the businesses related to registrations, "the Director-General of the Environment Agency"
in these provisions shall be "the designated registration organizations".
Article 24
Regulations Etc. To Be Adhered to by Designated Registration Organizations
1. The designated registration organizations shall, as prescribed by a Prime Minister's Office
Ordinance, stipulate regulations concerning the execution of the businesses related to registrations
prior to the commencement of their businesses and obtain authorization of the Direc-tor-General of the
Environment Agency. The same shall as well apply where the regulations are to be amended.
2. The designated registration organizations shall formulate business plans and budgets of revenues
and expenditures for each accounting year and obtain authorization of the Director-General of the
Environment Agency prior to the commencement of the accounting year (without delay after the
designation in the accounting year covering the day the designation is made). The same shall apply
where the plans and budgets are to be revised.
3. The designated registration organizations shall, within three (3) months after the end of each
accounting year, make up business reports and statements of revenues and expenditures and shall
submit them to the Director-General of the Environment Agency.
4. The designated registration organizations shall not suspend or terminate the whole or a part of
their businesses related to registrations without permission of the Director-General of the Environment
Agency
5. The Director-General of the Environment Agency shall, where the designated registration
qrganizations suspend the whole or a part of their businesses related to registrations or where it has
become difficult for the designated registration organizations to perform the whole or a part of their
businesses due to reasons, such as an act of God, perform for oneself the whole or a part of the
businesses related to registrations of such organizations, in the cases where such actions are deemed as
necessary.
6. Necessary matters, such as those concerning transfers of the businesses related to registrations in the
cases where the Director-General of the Environment Agency conducts for oneself the whole or a part
of the businesses related to registrations under the provision of the preceding Paragraph, the
designated registration organizations terminate the whole or a part of the businesses related to
registrations with permission under Paragraph 4, or the Director-General of the Environment Agency
annuls the designation under the provision of Article 26 Paragraph 3 or Paragraph 4, shall be
stipulated by a Prime Minister's Office Ordinance.
Article 25
Security Obligations
1. Officers or other personnel of the designated registration organizations or those who have held
such positions shall not divulge secrets they have become aware of in conjunction with the businesses
related to registrations.
2. Officers or other personnel of the designated registration organizations who are engaged in the
businesses related to registrations shall be regarded as public servants engaged in government affairs
in the application of penal regulations, such as the Criminal Code (Law No. 45 of 1907).
Article 26
Supervision of and Orders Etc. to Designated Registration Agencies
1. The Director-General of the Environment Agency may, within the limit of the necessity of
implementing the provisions of this Section, issue to the designated registration organizations orders
required for the supervision of their businesses related to registrations.
2. The Director-General of the Environment Agency may, where the officers of the designated
registration organizations have committed deeds in violation of the provisions of Article 24
Paragraphs 1-4 or Paragraph 1 of the preceding Article or where they have conducted the registration
businesses without adhering to the provision of Article 24 Paragraph 1 or they have committed
conducts in violation of orders issued under the preceding Paragraph, order the organizations to
dismiss such officers.
3. The Director-General of the Environment Agency shall, where the designated registration
organizations have come under Article 23 Paragraph 2 Item 1 or Item 3, nullify the designation.
4. The Director-General of the Environment Agency may, where the designated registration
organizations have violated the provisions of Article 24 Paragraphs 1-4 or they have conducted the
businesses related to registrations without adhering to the provision of Paragraph 1 of the same Article
or they have violated orders issued under Paragraph 1 or Paragraph 2 or where hey have been
recognized as being unable to properly and reliably perform the businesses related to registrations,
nullify the designation.
5. The provision of Article 23 Paragraph 3 shall be applied mutatis mutandis to the nullification of the
designation.
Article 27
Collection of Reports and On-the-Spot Inspections
1. The Director-General of the Environment Agency may, within the limit of the necessity of
implementing the provisions of this Section, seek from the designated registration organizations
reports respecting their businesses related to registrations or have personnel of the Agency to enter
offices of the designated registration organizations to inspect books, records and other necessary
articles of the designated registration organizations or have them make enquiries of the parties
concerned.
2. The personnel of the Agency who make the on-the-spot inspections shall carry certificates
indicating their positions and present them to the parties concerned.
3. The authority under the provision of Paragraph 1 shall not be interpreted as that granted for criminal
investigations.
Article 28
Filing of Complaints of Disposal Etc. of Designated Registration Organizations
Those who have complaints of disposition or forbearance of the businesses related to registrations
performed by the designated registration organizations may, in accordance with the Complaints
against Administrative Acts Enquiries Law (Law No. 160 of 1962), appeal to the Director-General of
the Environment Agency for enquiries.
Article 29
Fees
1. Those mentioned in the following shall pay fees in the amounts prescribed by a Cabinet Order on
the basis of actual costs to the National Government (where the designated registration organizations
perform the businesses related to registrations, the designated registration organizations):
(1) Those applying for the registrations etc.
(2) Those applying for the reissue of the registration cards.
2. The fees to be paid the designated registration organizations under the provision of the preceding
Paragraph shall be revenues of the designated registration organizations.
Section 4
Controls of Businesses Dealing with Designated National Endangered Species and Businesses
Dealing with Designated Specific Parts of International Endangered Species
Subsection 1
Controls of Businesses Dealing with Designated National Endangered Species
Article 30
Notification of Businesses Dealing with Designated National Endangered Species
1. Those (excluding those Prescribed by the following Paragraph) to be engaged in the businesses
accompanied by the transfers or deliveries of the individuals etc. of the designated national
endangered species of wild fauna and flora (hereinafter referred to as "the businesses dealing with the
designated national endangered species" in this Section and Article 61 Item 2) shall notify in advance
the Director-General of the Environment Agency and the Minister of Agriculture, Forestry and
Fisheries of the matters mentioned in the following:
(1) The names and addresses, and the names of the representatives in the cases of corporations.
(2) The names and locations of the facilities where the businesses of the transfers or deliveries of the
designated national endangered species of wild fauna and flora are to be conducted.
(3) The objects of the businesses of the transfers or deliveries of the designated national endangered
species of wild fauna and flora.
(4) The matters other than those mentioned in the preceding Items that are prescribed by a Prime
Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance.
2. Those to be engaged in businesses regarding processed products, out of the businesses dealing with
the designated national endangered species, shall notify in advance the Director-General of the
Environment Agency and the Minister of State stipulated by a Cabinet Order according to the types of
products (hereinafter referred to as "the Ministers concerned with the designated national endangered
species" in this Section) of the matters mentioned in the following:
(1) The matters mentioned in Paragraph 1-3 of the preceding Paragraph.
(2) The matters other than those mentioned in the preceding Item that are provided for by orders
issued by the Prime Minister and the Ministers concerned with the designated national endangered
species.
3. Those who have made the notification under the provision of Paragraph 1 shall, where they have
made any changes in the matters notified or they have terminated the businesses dealing with the
designated national endangered species, shall notify the Director-General of the Environment Agency
and the Minister of Agriculture, Forestry and Fisheries to that effect within thirty (30) days of the
changes or the termination.
4. Necessary matters to be notified with regard to the notification under the provisions of Paragraph 1
and the preceding Paragraph, other than those stipulated in the same Paragraphs, shall be stipulated by
a Prime Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance.
5. The provision of Paragraph 3 shall be applied mutatis mutandis to those who have made the
notification under the provision of Paragraph 2, and so shall the provision of the preceding Paragraph
be to the notifications made under Paragraph 2. In these cases, "the Minister of Agriculture, Forestry
and Fisheries" in Paragraph 3 shall be replaced to read "the Ministers concerned with the designated
national endangered species" and so shall "the Prime Minister's Office and the Ministry of Agriculture,
Forestry and Fisheries Ordinance" be to read "the orders issued by the Prime Minister and the
Ministers concerned with the designated national endangered species".
Article 31
Regulations To Be Adhered to by Those Engaged in Businesses Dealing with Designated National
Endangered Species
1. Those engaged in the businesses dealing with the designated national endangered species with the
notifications prescribed by Paragraph 1 of the preceding Article shall, when they are to be delivered or
to receive the individuals etc. of the designated national endangered species of wild fauna and flora,
confirm the names and addresses of the assignors or transferrers, and the names of the representatives
in the cases where they are corporations, and shall obtain information from the assignors or
transferrers on the matters mentioned in the following:
(1) Whether the individuals etc. are the individuals bred or cultivated or the parts or products thereof
(referred to as "the individuals etc. bred or cultivated" in the next Item) or whether they are the
individuals taken or collected or the parts or the products thereof (referred to as "the individuals etc.
taken or collected" in Item 3).
(2) When they are the individuals etc. bred or cultivated, the names and addresses of the persons who
have bred or cultivated, and the names of the representatives in the cases where they are corporations.
(3) When they are the individuals etc. taken or collected, the places where they were taken or collected
as well as the names and addresses of those who took or collected.
2. Those engaged in the businesses dealing with the designated national endangered species with the
notification prescribed by Paragraph 1 of the preceding Article shall, as stipulated by a Prime
Minister's Office Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance, enter the
matters they have confirmed or obtained information on and other matters concerning the transfers etc.
of the individuals etc. of the designated national endangered species of wild fauna and flora in records
and shall preserve them.
3. The provision of the preceding two Paragraphs shall be applied mutatis mutandis to those engaged
in the businesses dealing with the designated national endangered species with the notification under
the provision of Paragraph 2 of the preceding Article. In these cases, "a Prime Minister's Office
Ordinance and a Ministry of Agriculture, Forestry and Fisheries Ordinance" in the preceding
Paragraph shall be replaced to read "orders issued by the Prime Minister and the Ministers concerned
with the designated national endangered species".
Article 32
Instructions Etc. to Those Engaged in Businesses Dealing with Designated National Endangered
Species
1. The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and
Fisheries may, where those engaged in the businesses dealing with the designated national endangered
species with the notification prescribed by the provision of Article 30 Paragraph 1 have violated the
provision of Paragraph 1 or Paragraph 2 of the preceding Article, may issue instructions for the said
parties to take necessary actions so that their adherence to these provisions may be assured, where
such instructions are deemed as necessary in order to place the businesses dealing with the designated
national endangered species in proper conditions and to contribute towards the conservation of the
endangered species of wild fauna and flora.
2. The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and
Fisheries may order those engaged in the businesses dealing with the designated national endangered
species with the notification under the provision of Article 30 Paragraph 1 to suspend the whole or a
part of the transfer or delivery businesses of the individuals etc. of the designated national endangered
species of wild fauna and flora in regard to the particular businesses dealing with the designated
national endangered species for a period not exceeding three (3) months, in the cases where they have
violated the instructions issued under the preceding Paragraph and such violations are deemed as
detrimental to proper operation of the businesses dealing with the designated national endangered
species for the conservation of the endangered species of wild fauna and flora.
3. The provisions of the preceding two Paragraphs shall be applied mutatis mutandis to those engaged
in the businesses dealing with the designated national endangered species with the notification under
the provision of Article 30 Paragraph 2. In these cases, "the Minister of Agriculture, Forestry and
Fisheries" in the preceding two Paragraphs shall be replaced to read "the Ministers concerned with the
designated national endangered species", and so shall "the Paragraph 1 or Paragraph 2 of the preceding
Article" be to read "Paragraph 1 or Paragraph 2 of the same Article applied mutatis mutandis to
Paragraph 3 of the preceding Article".
Article 33
Collection of Reports and On-the-Spot Inspections
1. The Director-General of the Environment Agency and the Minister of Agriculture, Forestry and
Fisheries may, within the limit of the necessity of implementing the provisions in this Section, seek
reports from those engaged in the businesses dealing with the designated national endangered species
with the notification under the provision of Article 30 Paragraph 1 on the particular businesses dealing
with the designated national endangered species or may have their personnel enter the facilities where
the businesses dealing with the designated national endangered species are being conducted to have
them inspect documents and other articles or to make enquiries into the parties concerned.
2. The provision of the preceding Paragraph shall be applied mutatis mutandis to those engaged in the
businesses dealing with the designated national endangered species with the notification under the
provision of Article 30 Paragraph 2. In these cases, "the Minister of Agriculture, Forestry and
Fisheries" in the preceding Paragraph shall be replaced to read "the Ministers concerned with the
designated national endangered species".
3. The personnel who make the on-the-spot inspections under the provision of Paragraph 1 (including
the cases where it is applied mutatis mutandis to the preceding Paragraph; the same shall apply in the
following Paragraph) shall carry the certificates indicating their positions and present them
to the parties concerned.
4. The authority under the provision of Paragraph 1 shall not be interpreted as that granted for criminal
investigations.
Subsection 2
Controls of Businesses Dealing with Designated Parts of International Endangered Species
Article 33-2
Notification of Businesses Dealing with Designated Parts of International endangered species
Those to be engaged in businesses of transfers or deliveries of the designated parts, etc. prescribed by
a Cabinet Order by taking into consideration the patterns of transactions,.etc. which satisfy the
requisites stipulated by a Cabinet Order as to matters such as forms and sizes by types of the
designated parts, etc. (hereinafter referred to as "the businesses dealing with the designated parts of the
international endangered species" in this Chapter and Article 61 Item 2) shall notify in advance the
Director-General of the Environment Agency and the Ministers provided for by a Cabinet Order
according to the types of the designated parts, etc. (hereinafter referred to as "the Minister concerned
with the designated parts of the international endangered species" in this Chapter) of the matters
mentioned in the following:
(1) The names and addresses, and the names of the representatives in the cases of corporations.
(2) The names and locations of the facilities where the transfers or deliveries of the designated parts,
etc. are to be conducted.
(3) The types of the designated parts, etc. which are to be the objects of the transfer or delivery
businesses.
(4) The matters specified by orders issued by the Prime Minister and the Minister concerned with the
designated parts of the international endangered species, in addition to the matters mentioned in the
preceding three Items.
Article 33-3
Regulations To Be Adhered to by Those Engaged in Businesses Dealing with Designated Parts of
International Endangered Species
1. Those engaged in the businesses dealing with the designated parts of the international endangered
species with the notification under the provision of the preceding Article shall, when they receive the
designated parts etc. with regard to the businesses dealing the designated parts of the international
endangered species, confirm the names and addresses of the assignors or transferrers of the designated
parts, etc. and the names of the representatives in the cases where they are corporations, and they shall,
when the management cards stipulated by Article 33-6 Paragraph 1 are not attached to the designated
parts, etc., obtain information from the assignors or transferrers on the sources of the designated parts,
etc.
2. Those engaged in the businesses dealing with the designated species with the notification under the
provision of the preceding Paragraph shall, as stipulated in orders issued by the Prime Minister and the
Minister concerned with the designated parts of the international endangered species, enter the matters
they have confirmed or obtained information on under the provision of the preceding Paragraph and
other matters in regard to the transfers etc. of the designated parts etc. in documents, and shall preserve
them.
Article 33-4
Instructions Etc. Issued to Those Engaged in Businesses Dealing with Designated Parts of
International Endangered Species
1. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, where those engaged in the businesses dealing with
the designated parts of the international endangered species with the notification under the provisions
of Article 33-2 have violated the provision of the preceding Paragraph, may issue instructions for the
said parties to take necessary actions so that their adherence to these provisions may be assured, when
such instructions are deemed as necessary in order to place the businesses dealing with the designated
parts in proper conditions and to contribute towards the conservation of the endangered species of wild
fauna and flora.
2. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may order those engaged in the businesses dealing with
the designated parts of the international endangered species with the notification under the provisions
of Article 33-2 to suspend the whole or a part of their transfer or delivery businesses of the designated
parts of the international endangered species for a period not exceeding three (3) months in the cases
where they have violated the instructions issued under the provision of the preceding Paragraph and
such violations are deemed as detrimental to proper operation of the businesses dealing with the
designated parts of the international endangered species for the conservation of the endangered species
of wild fauna and flora.
Article 33-5
Applications Mutatis Mutandis
The provision of Article 30 Paragraph 3 shall be applied mutatis mutandis to those having made the
notification under the provisions of Article 33-2; and, so shall the provision of Article 30 Paragraph 4
be to the notification under the provisions of Article 33-2, and so shall the provisions of Article 33
Paragraph 1 and Paragraphs 3-4 be to the businesses dealing with the designated parts of the
international endangered species. In these cases, "the businesses dealing with the designated national
endangered species" in Article 30 Paragraph 3 shall be replaced to read "the businesses dealing with
the designated parts of the international endangered species"; and so shall "the Minister of Agriculture,
Forestry and Fisheries" be to read "the Minister concerned with the designated parts of the
international endangered species", "a Prime Minister's Office Ordinance and a Ministry of Agriculture,
Forestry and Fisheries Ordinance" in Paragraph 4 of the same Article be "orders issued by the Prime
Minister and the Minister concerned with the designated parts of the international endangered
species", and "the Minister of Agriculture, Forestry and Fisheries" in Article 33 Paragraph 1 be "the
Minister concerned with the designated parts of the international endangered species".
Section 5
Certification Etc. of Products Produced of Legally-obtained Materials
Article 33-6
Preparation and Handling of Management Cards
Those engaged in the businesses dealing with the designated parts of the international endangered
species with the notification under the provisions of Article 33-2 may, as prescribed by orders issued
by the Prime Minister and the Minister concerned with the designated parts of the international
endangered species, make management cards pertaining to their businesses dealing with the
designated parts of the international endangered species in which necessary matters as for the
processes of receiving the designated parts, etc. (limited to those to be used as materials of the
products mentioned in Paragraph 1 of the following Article) are entered, in the cases where they fall
under any of the following Items in regard to their businesses dealing with the designated parts of the
international endangered species:
(1) The cases where the transfers or the deliveries are to be made of the designated parts, etc. which
were obtained by dividing the designated materials, etc. originally assigned or received with the
registration cards concerning the individuals etc. received.
(2) The cases where the transfers or the deliveries are to be made of the designated parts, etc. which
were obtained by dividing the designated parts originally assigned or received with the management
cards pertaining to the designated parts, etc.
(3) Other than the cases mentioned in the preceding two Items, the cases recognized by orders issued
by the Prime Minister and the Minister concerned with the designated parts of the international
endangered species as those satisfying the requisites to registrations in regard to the designated parts,
etc. to be transferred or delivered.
2. The transfers or the deliveries of the designated parts, etc. for which the management cards have
been made under the preceding Paragraph shall be conducted with the management cards.
3. The transfers or the deliveries of the management cards under Paragraph 1 shall be conducted with
the designated parts, etc. concerning the management cards.
4. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, where those engaged in the businesses dealing with
the designated parts of the international endangered species have made the management cards in cases
other than those mentioned in each Item of Paragraph 1 or have made the management cards under the
same Paragraph in which false matters are entered, prohibit such offenders from making the
management cards for a period not exceeding three (3) months, in the cases where such prohibition is
deemed as necessary.
Article 33-7
Certification of Products Relating to Legally-obtained Materials
1. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, based on applications of producers of products
made of the designated materials etc. prescribed by a Cabinet Order (excluding those for which the
registrations etc. may be sought), certify that their products are made of the designated materials, etc.
satisfying the requisites to the registrations.
2. The certification under the preceding Paragraph shall be permitted only in the cases mentioned in
the following:
(1) The cases where the applicants have been assigned or have received the designated parts, etc. as
materials of the products with the management cards under Paragraph 1 of the preceding Article
concerning the designated parts.
(2) The cases where the applicants have been assigned or have received the designated material, etc. as
materials of the products with the registration cards pertaining to the designated materials, etc.
(3) In addition to those mentioned in the preceding two Items, the cases specified by orders issued by
the Prime Minister and the Minister concerned with the designated parts of the international
endangered species as those satisfying the requisites to the registrations in regard to the designated
materials, etc.
3. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species shall, when the certification is made under Paragraph 1,
issue to the applicants, as prescribed by orders issued by the Prime Minister and the Minister
concerned with the designated parts of the international endangered species, the marks indicating to
that effect for each product item concerned that the products have been certified.
4. The marks under the preceding Paragraph shall not be attached to anything other than the products
certified with regard to the marks.
5. In addition to the provisions of each of the preceding Items, matters necessary for the certification
under Paragraph 1 and the marks under Paragraph 3 shall be stipulated by orders issued by the Prime
Minister and the Minister concerned with the designated parts of the international endangered species.
Article 33-8
Designated Certifying Organizations
1. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, as prescribed by orders issued by the Prime
Minister and the Minister concerned with the designated parts of the international endangered species,
assign the duties of the Director-General of the Environment Agency and the Minister concerned with
the designated parts of the international endangered species as stipulated in the preceding Paragraph
(hereinafter referred to as "the businesses related to certification" in this Section and Article 63 Item 1)
to organizations established in accordance with the provisions of Article 34 of the Civil Code which
the Director-General of the Environment Agency and the Minister concerned with the designated parts
of the international endangered species designate as those capable of properly and reliably performing
the businesses related to certification on the basis of their applications.
2. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species shall not make the designation under the provisions of the
preceding Paragraph (hereinafter referred to as "the designation" in this Section) when those having
applied under the preceding Paragraph fall under any of the following Items:
(1) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed
since the day punishment against the offences was executed or the execution was terminated.
(2) Those for whom two (2) years have not elapsed since the nullification of the designation under
Article 33-11 Paragraph 3 or Paragraph 4.
(3) The officers of such organizations, of whom there are any falling under either (a) or (b) in the
following:
(a) Those having committed offences stipulated by this Law for whom two (2)years have not elapsed
since the day punishment against the offences was executed or the execution was terminated.
(b) Those for whom two (2) years have not elapsed since the dismissal by order under the provisions
of Article 33-11 Paragraph 2.
3. In applying the provisions of the preceding Article in the cases where the organizations for which
the designation has been made (hereinafter referred to as "the designated certifying organizations" in
this Section and Article 63), "the Director-General of the Environment Agency and the Minister
concerned with the designated parts of the international endangered species" in the same Article shall
be "the designated certifying organizations".
Article 33-9
Regulations To Be Adhered to by Designated Certifying Organizations
1. The designated certifying organizations shall, as prescribed by orders issued by the Prime Minister
and the Minister concerned with the designated parts of the international endangered species, stipulate
regulations concerning the execution of the businesses related to certification and obtain prior to the
commencement of the businesses related to certification authorization of the Director-General of the
Environment Agency and the Minister concerned with the designated parts of the international
endangered species. The same shall apply where the regulations are to be revised.
2. The designated certifying organizations shall formulate business plans and budgets of revenues and
expenditures for each accounting year and obtain authorization of the Director-General of the
Environment Agency and the Minister concerned with the designated parts of the international
endangered species prior to the commencement of each accounting year (without delay, in the year
covering the day the designation is made). The same shall apply when the plans and/or budgets are to
be revised.
3. The designated certifying organizations shall, within three (3) months after the end of each
accounting year, make up business reports and statements of revenues and expenditures and shall
submit them to the Director-General of the Environment Agency and the Minister concerned with the
designated parts of the international endangered species.
4. The designated certifying organizations shall not suspend or terminate the whole or a part of their
businesses related to certification without approval of the Director-General of the Environment
Agency and the Minister concerned with the designated parts of the international endangered species.
Article 33-10
Security Obligations
1. Officers and other personnel of the designated certifying organizations or those who have held such
positions shall not divulge secrets they have become aware of in conjunction with their businesses
related to certification.
2. Officers and other personnel of the designated certifying organizations who are engaged in the
businesses related to certification shall be regarded as public servants engaged in government affairs in
the application of penal regulations, such as the Criminal Code.
Article 33-11
Supervision of and Orders Etc. to Designated Certifying Organizations
1. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, within the limit of the necessity of implementing
the provisions of this Section, issue to the designated certifying organizations orders required for the
supervision of their businesses related to certification.
2. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, where the officers of the designated certifying
organizations have committed deeds in violation of the provisions of Article 33-9 or Paragraph 1 of
the preceding Article or where they have conducted the businesses related to certification without
adhering to the provision of Article 33-9 Paragraph 1 or they have committed conducts in violation of
orders issued under the preceding Item, order the designated certifying organizations to dismiss the
officers.
3. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species shall, where the designated certifying organizations have
come under Article 33-8 Paragraph 2 Item 1 or Item 3, nullify the designation.
4. The Director-General of the Environment Agency and the Minister concerned with the designated
parts of the international endangered species may, where the designated certifying organizations have
violated the provisions of Article 33-9 or conduct the businesses related to certification without
adhering to the provision of Paragraph 1 of the same Article or they have violated orders issued under
Paragraph 1 or Paragraph 2 or where they have been recognized as being unable to properly and
reliably perform the businesses related to certification, may nullify the designation.
Article 33-12
Filing of Complaints of Disposition Etc. of Designated Certifying Organizations
Those who have complaints of disposition or forbearance of the businesses related to certification
performed by the designated certifying organizations may, in accordance with the Complaints
against Administrative cts Enquiries Law, appeal for enquiries to the Director-General of the
Environment Agency and the Minister concerned with the designated parts of the international
endangered species.
Article 33-13
Fees
1. Those seeking authorization under Article 33-7 Paragraph 1 shall pay fees in amounts prescribed
by a Cabinet Order on the basis of actual costs to the National Government (where the designated
certifying organizations perform the businesses related to certification, the designated certifying
organizations).
2. The fees to be paid the designated certifying organizations under the provision of the preceding
Paragraph shall be revenues of the designated certifying organizations.
Article 33-14
Applications Mutatis Mutandis
The provisions of Article 23 Paragraphs 3-4 shall be applied mutatis mutandis to the designation; and
so shall the provisions of Article 24 Paragraphs 5-6 and Article 27 be to the businesses related to
certification, and the provisions of Article 26 Paragraph 5 be to the nullification of the designation
under the provision of Article 33-11 Paragraph 3 or Paragraph 4. In these cases, "the Director-General
of the Environment Agency" in these provisions shall be replaced to read "the Director-General of the
Environment Agency and the Minister concerned with the designated parts of the international
endangered species" and "a Prime Minister's Office Ordinance" in Article 24 Paragraph 6 be "orders
issued by the Prime Minister and the Minister concerned with the designated parts of the international
endangered species".
CHAPTER III REGULATIONS CONCERNING CONSERVATION OF HABITATS ETC.
CHAPTER III
REGULATIONS CONCERNING CONSERVATION OF HABITATS ETC.
Section 1
Duties of Landowners Etc.
Article 34
Duties of Landowners Etc.
Owners or occupants of land shall, in utilizing their land, pay attention to the conservation of the
national endangered species of wild fauna and flora.
Article 35
Advice or Guidance
The Director-General of the Environment Agency may, when it is deemed as necessary for the
conservation of the national endangered species of wild fauna and flora, give owners or occupants of
land necessary advice or guidance in regard to matters, such as methods of utilization of their land.
Section 2
Natural Habitat Conservation Areas, Etc.
Article 36
Natural Habitat Conservation Areas, Etc.
1. The Director-General of the Environment Agency may, when it is deemed as necessary for the
conservation of the national endangered species of wild fauna and flora, designate as the natural
habitat conservation areas those areas recognized as important for the conservation of the national
endangered species of wild fauna and flora by taking into consideration the stata of distribution of the
individuals, their ecology and other habitation or growing conditions of the individuals, out of the
areas requiring the conservation of the habitats or growing grounds of the individuals and the areas
requiring the conservation in unitary manners with such areas.
2. The designation under the preceding Paragraph (hereinafter referred to as "the designation" in this
Article) shall be made by prescribing the areas to be designated, the national endangered species of
wild fauna and flora relating to the designation, and a guideline as for the conservation of the areas to
be designated.
3. The Director-General of the Environment Agency shall, when the designation polans are to be
formulated, consult in advance with the heads of the other Government organizations concerned and
hear opinions of the Nature Conservation Council and local governments concerned.
4. The Director-General of the Environment Agency shall, when the designation is to be made, make
announcements as prescribed by a Prime Minister's Office Ordinance to that effect and make available
for the public perusal the plans of the areas to be designated, the national endangered species of wild
fauna and flora relating to the designation, and the guideline as for the conservation of the designated
areas (referred to as "the designation plans" in the preceding Paragraph and Paragraph 6) for the
duration of fourteen (14) days beginning the day the announcements are made.
5. When the announcements are made under the preceding Paragraph, the inhabitants and other parties
concerned in the areas to be designated may submit statements of their opinions to the DirectorGeneral of the Environment Agency on the designation plans by the day the duration prescribed in the
same Paragraph.
6. The Director-General of the Environment Agency shall, when the statements of opinions expressing
objections to the designation plans are submitted under the preceding Paragraph or when it is deemed
as necessary to hear opinions broadly on the designation, hold public hearings.
7. The Director-General of the Environment Agency shall, when the designation is to be made, make
announcements in the Official Gazette to that effect as well as the areas to be designated, the national
endangered species of wild fauna and flora relating to the designation and the guidelines as for the
conservation of the designated areas.
8. The designation shall take effect with the announcements under the provision of the preceding
Paragraph.
9. The Director-General of the Environment Agency shall, when it has been recognized that the
designation is no longer necessary due to changes incircumstances, such as the habitation or growing
conditions of the individuals of the national endangered species of wild fauna and flora with regard to
the natural habitat conservation areas or it has been recognized as inappropriate to continue the
designation, terminate the designation.
10. The provisions of Paragraph 3 and Paragraph 7-8 shall be applied mutatis mutandis to the
termination of the designation under the provision of the preceding Paragraph. In these cases, "to that
effect as well as the areas to be designated, the national endangered species of wild fauna and flora
relating to the designation and the guidelines as for the conservation of the designated areas" shall be
replaced to read "to that effect as well as the designated areas in regard to the termination", and so
shall "the announcements under the provisions of the preceding Paragraph" in Paragraph 8 be to read
"the announcements under the provision of the preceding Paragraph applied mutatis mutandis to
Paragraph 10".
11. Those to perform conducts mentioned in each Item of Paragraph 4 of the following Article within
the natural habitat conservation areas (within a radius of one (1) kilometre of each of the lakes, ponds
and wetlands mentioned in Item 8 of Paragraph 4 of the following Article as for the conducts
mentioned in the same Item) shall perform the conducts in such a manner that their conducts may not
be detrimental to the conservation of the national endangered species of wild fauna and flora, paying
attention to the guidelines under Paragraph 2.
Article 37
Managed Areas
1. The Director-General of the Environment Agency may designate as the managed areas those areas
which are recognized as especially necessary for the conservation of the national endangered species
of wild fauna and flora within the habitat conservation areas.
2. The Director-General of the Environment Agency shall, when it has been recognized that the
designation is no longer necessary due to changes in circumstances, such as those in the habitation or
growing conditions of the individuals of the national endangered species of wild fauna and flora with
regard to the managed areas or it has been recognized as inappropriate to continue the designation,
terminate the designation.
3. The provisions of Paragraphs 2-8 of the preceding Article shall be applied mutatis mutandis to the
designation under Paragraph 1, and so shall the provisions of Paragraph 3 and Paragraphs 7-8 of the
same Article be to the termination of the designation under the provision of the preceding Paragraph.
In these cases, " to that effect as well as the areas to be designated, the national endangered species of
wild fauna and flora relating to the designation and the guidelines as for the conservation of the
designated areas" in Paragraph 7 of the same Article shall be replaced to read "to that effect as well as
the designated areas in regard to the termination" as for the termination of the designation under the
provision of the preceding Paragraph, and so shall "the announcements under the provision of the
preceding Paragraph" be to read "the announcements under the receding Paragraph applied mutatis
mutandis to Paragraph 3 of the following Article".
4. The conducts mentioned in the following (only limited to the areas designated by the DirectorGeneral of the Environment Agency and the terms designated by the Director-General on an area-byarea basis as for the conducts mentioned in Items 10-14 shall not be acted within the managed areas
(within a radius of one kilometre (1km) of each of the lakes, ponds or wetlands prescribed in Item 8 as
for the conducts mentioned in the same Item; the same shall apply to Article 40 Paragraph 1 and
Article 41 Paragraph 1) without permission of the Director-General of the Environment Agency.
(1) To construct, alter or expand structures, such as buildings.
(2) To develop residential areas, cultivate land or otherwise alter forms and characters of land
(including the bottoms).
(3) To exploit minerals or to collect earth or stones.
(4) To reclaim the surface or to drain water for cultivation.
(5) To affect increases or decreases in the water levels or the water volumes of the rivers, lakes and
ponds.
(6) To fell trees and bamboos.
(7) To conduct the taking etc. of articles, such as the individuals of the species of wild fauna and flora
designated by the Director-General of the Environment Agency as those requiring the conservation of
the habitation or growing of the individuals of the national endangered species of wild fauna and flora.
(8) To drain waste water or effluents by installing draining facilities into the lakes, ponds or wetlands
within the managed areas, of which those designated by the Director-General of the Environment
Agency, and the water areas or the waterways thereof.
(9) To use motor vehicles or horses or motor ships or to land aeroplanes in the areas designated by the
Director-General of the Environment Agency, other than on roads, in open spaces, rice fields and other
farmland, pastures and residential areas.
(10) To conduct the taking etc. of articles, such as individuals of the species of wild fauna and flora
other than individuals of the species of wild fauna and flora and other articles designated by the
Director-General of the Environment Agency under the provision of Item 7.
(11) To release or cultivate the individuals or sow their seeds, designated by the Director-General of
the Environment Agency as the species of fauna and flora feared of being detrimental to habitation or
growth of the individuals of the national endangered species of wild fauna and flora.
(12) To spread substances designated by the Director-General of the Environment Agency as those
detrimental to habitation or growth of the individuals of the national endangered species of wild fauna
and flora.
(13) To kindle or make a fire in the open air.
(14) To make observation of the individuals of the national endangered species of wild fauna and
flora by methods designated by the Director-General of the Environment Agency as those detrimental
to habitation or growth of the individuals.
5. Those to seek the permission under the preceding Paragraph shall, as prescribed by a Prime
Minister's Office Ordinance, apply for the permission to the Director-General of the Environment
Agency.
6. The Director-General of the Environment Agency may not, when the conducts concerned with the
application under the preceding Paragraph does not conform to the guidelines in Paragraph 2 of the
preceding Article applied mutatis mutandis to Paragraph 3, grant the permission.
7. The Director-General of the Environment Agency may, when it is deemed as necessary for the
conservation of the national endangered species of wild fauna and flora, attach conditions, within the
limit of that necessity, to the permission under Paragraph 4.
8. Those already engaged in the conducts mentioned in each of the Items of Paragraph 4 on the day the
controls begin to be enforced under the provision of the same Paragraph may, notwithstanding the
same provision, continue being engaged in the conducts when they notify the Director-General of the
Environment Agency of matters prescribed by a Prime Minister's Office Ordinance within three (3)
months beginning the date of enforcement.
9. The provision of Paragraph 4 shall not apply as for the conducts in the following:
(1) The conducts required as emergency measures against disasters.
(2) Usual administrative conducts or simple acts, of which those prescribed by a Prime Minister's
Office Ordinance.
(3) The felling of trees and bamboos, of which that is conducted by methods designated on the
managed area-by-managed area basis and within the limit established by the Director-General of the
Environment Agency through consultations with the Minister of Agriculture, Forestry and Fisheries.
10. Those having acted the conducts falling under Item 1 of the preceding Paragraph, of which those
falling under each Item of Paragraph 4, shall notify the Director-General of the Environment Agency
to that effect within fourteen (14) days beginning the day they acted the conducts.
Article 38
Restricted Areas
1. The Director-General of the Environment Agency may designate as the areas where the entries are
to be restricted those areas recognized as especially necessary for the conservation for habitation or
growth of the individuals of the national endangered species of wild fauna and flora within the
managed areas.
2. The Director-General of the Environment Agency shall, when the designation is to be made under
the preceding Paragraph, seek the consent of the owners or the occupants of land of the places (only
limited to those with due title; the same shall apply to the following Paragraph and Article 42
Paragraph 2) and consult with the heads of the administrative organizations concerned.
3. The Director-General of the Environment Agency shall, when the owners or the occupants of the
land seek the termination of the designation under the provision of Paragraph 1 with due reasons or
when it has been recognized that the designation is no longer necessary, terminate the designation.
4. Any person shall not enter the restricted areas within a termstipulated by the Director-General of the
Environment Agency. However, the same shall not apply to the cases mentioned in the following:
(1) The cases where the entries are made as emergency measures required against disasters.
(2) The cases where the entries are made for usual administrative acts or simple acts, of which those
prescribed by a Prime Minister's Office Ordinance.
(3) The cases where it has been recognized that there are unavoidable reasons for the entries and
permission has been granted by the Director-General of the Environment Agency, other than the cases
mentioned in the preceding two Items.
5. The provisions of Article 36 Paragraph 7-8 shall be applied mutatis mutandis to the designation
under the provision of Paragraph 1 and the termination of the designation under the provision of
Paragraph 3, and so shall the provisions of Paragraph 5 and Paragraph 7 of the preceding Article be to
the permission under Item 3 of the preceding Paragraph. In these cases, "to that effect as well as the
areas to be designated, the national endangered species of wild fauna and flora relating to the
designation and the guidelines as for the conservation of the designated areas" shall be replaced to read
"to that effect as well as the designated areas" as for the designation under the provision of Paragraph
1 and "to that effect as well as the designated areas in regard to the termination" as to the termination
of the designation under the provision of Paragraph 3 and so shall "the announcements under the
provision of the preceding Paragraph" be to read "the announcements under the provision of the
preceding Paragraph applied mutatis mutandis to Article 38 Paragraph 5".
Article 39
Surveillance Areas
1. Those to act the conducts mentioned in Article 37 Paragraph 4 Items 1-5 in the parts of the natural
habitat conservation areas not belonging to the managed areas (referred to as the "surveillance areas"
in Paragraph 1 of the following Article and Article 41 Paragraph 1) shall notify in advance the
Director-General of the Environment Agency of the matters prescribed by a Prime Minister's Office
Ordinance.
2. The Director-General of the Environment Agency may, when the conducts relative to the
notification under the provision of the preceding Paragraph (hereinafter referred to as "the
notification" in this Article) do not conform to the guidelines under Article 36 Paragraph 2, order those
having made the notification to prohibit or restrict the conducts pertaining to the notification or to take
necessary actions.
3. The orders under the provision of the preceding Paragraph shall not be issued, where thirty (30)
days have elapsed since the day the notification was made (a term prescribed by the Director-General
of the Environment Agency but not exceeding sixty (60) days in the cases where there are legitimate
reasons for not being able to issue such orders under the Paragraph within the said thirty (30) days) or
where the notification was made under the provision of the proviso to Paragraph 5.
4. The Director-General of the Environment Agency shall, when the term is prescribed under the
provision of the preceding Paragraph, notify without delay those having made the notification in
regard to it to that effect and of the reasons.
5. Those having made the notification shall not undertake the conducts pertaining to the notification
until after thirty (30) days have elapsed since the day the notification is made (when a term has been
prescribed by the Director-General of the Environment Agency under the provision of Paragraph 3,
the term). However, the same shall not apply to the cases where the Director-General of the
Environment Agency has recognized the conducts as not being detrimental to the conservation of the
national endangered species of wild fauna and flora and has notified them of it.
6. The provision of Paragraph 1 shall not apply to the conducts mentioned in the following:
(1) The conducts as emergency measures required against disasters.
(2) The usual administrative conducts or simple conducts, of which those prescribed by a Prime
Minister's Office Ordinance.
(3) The conducts already undertaken at the time the designation is made under the provision of Article
36 Paragraph 1.
Article 40
Orders Etc. for Measures To Be Adopted
1. The Director-General of the Environment Agency may, when it is deemed as necessary for the
conservation of the national endangered species of wild fauna and flora, issue instructions to those
engaged in the conducts mentioned in each Item of Article 37 Paragraph 4 in the managed areas or
those engaged in the conducts mentioned in Items 1-5 of the Paragraph on methods by which those
conducts are to be performed.
2. The Director-General of the Environment Agency may order those having violated the provision of
Article 37 Paragraph 4 or Article 38 Paragraph 4, those having violated the conditions attached under
the provision of Article 37 Paragraph 7 (including the cases where the provisions are applied mutatis
mutandis to Article 38 Paragraph 5), those having acted the conducts stipulated in Paragraph 1 of the
preceding Article without the notification provided for in the Paragraph, or those having violated the
orders issued under the provision of Paragraph 2 of the preceding Article to impede the conservation
of habitats or growing grounds of individuals of the national endangered species of wild fauna and
flora to restore the affected places to the original conditions by prescribing a reasonable term and take
other necessary measures for the conservation of habitats or growing areas of individuals of the
national endangered species of wild fauna and flora, in the cases where such orders are deemed as
necessary for the conservation of the national endangered species of wild fauna and flora.
3. The Director-General of the Environment Agency may, when those having received the orders
under the provision of the preceding Paragraph have failed to take actions relative to the orders within
the terms prescribed, restore to the original conditions by oneself or take other necessary actions for
the conservation of habitats or growing ground of the individuals of the national endangered species of
wild fauna and flora and have those having failed to obey the orders bear the whole or a part of the
costs of such actions.
Article 41
Collection of Reports and On-the-Spot Inspections, Etc.
1. The Director-General of the Environment Agency may, within the limit of the necessity of
enforcing this Law, from those having acted the conducts mentioned in each Item of Article 37
Paragraph 4 in the managed areas or those having acted the conducts mentioned in Items 1-5 of the
same Paragraph in the surveillance areas, seek reports on the stata of the conducts and other necessary
matters.
2. The Director-General of the Environment Agency may, within the limit of the necessity of
enforcing this Law, have personnel of the Agency enter the premises owned or occupied by those
prescribed in the preceding Paragraph in the natural habitat conservation areas, inspect the conducts
acted by them or enquire the parties concerned or survey the impact of the conducts upon the
conservation of the national endangered species of wild fauna and flora.
3. The personnel to conduct the on-the-spot inspections or the on-the-spot surveys shall carry
certificates indicating their positions and present them to the parties concerned.
4. The authority under the provisions of Paragraph 1-2 shall not be interpreted as that granted for
criminal investigations.
Article 42
Field Surveys
1. The Director-General of the Environment Agency may, within the limit of the necessity of field
surveys for the designation under the provision of Article 36 Paragraph 1, Article 37 Paragraph 1 or
Article 38 Paragraph 1, have personnel of the Agency to enter land tracts of others.
2. The Director-General of the Environment Agency shall, when to have personnel of the Agency
make on-the-spot inspections under the provision of the preceding Paragraph, notify in advance the
owners or the occupants of the tracts to that effect and give them opportunities to express their
opinions.
3. The personnel to conduct the on-the-spot inspections shall carry the certificates indicating their
positions and present them to the parties concerned.
4. The owners or the occupants of the land tracts shall not, unless there are due reasons, refuse or
obstruct the entries prescribed by the provision of Paragraph 1.
Article 43
Arbitration by the Environmental Disputes Co-ordination Commission
1. Those complaining of the disposition under the provision of Article 37 Paragraph 4, Article 39
Paragraph 2 or Article 40 Paragraph 2, of which that concerned with adjustment with mining,
quarrying or gravel collection, may seek arbitration of the Environmental Disputes Co-ordination
Commission. In these cases, they may not seek enquiries under the Complaints against Administrative
Acts Enquiries Law.
2. The provisions of Article 18 of the Complaints against Administrative Acts Enquiries Law shall be
applied mutatis mutandis to the cases where a National Government organization erroneously advises
that they may seek enquiries or interpose objections as to the disposition under the preceding
Paragraph.
Article 44
Compensation for Losses
1. The National Government shall make compensation for losses to be incurred in usual cases by
not having been able to obtain the permission under Article 37 Paragraph 4 to those who have been
incurred losses, by the conditions having been attached under the provision of Paragraph 7 of the same
Article or by having received the orders under the provision of Article 39 Paragraph 2.
2. Those to receive the compensation under the preceding Paragraph shall make claims to the DirectorGeneral of the Environment Agency.
3. The Director-General of the Environment Agency shall, when the claims are received under the
preceding Paragraph, determine the amounts of the compensation and notify those having made the
claims of them.
4. Those complaining of the amounts determined under the preceding Paragraph may make appeals for
increases in the amounts within three (3) months beginning the day the notification under the
preceding Paragraph is received.
5. The National Government shall be the defendant in the appeals under the preceding Paragraph.
CHAPTER IV PROGRAMMES FOR REHABILITATION OF NATURAL HABITATS AND
MAINTENANCE OF VIABLE POPULATIONS
CHAPTER IV
PROGRAMMES FOR REHABILITATION OF NATURAL HABITATS AND MAINTENANCE
OF VIABLE POPULATIONS
Article 45
Programmes for Rehabilitation of Natural Habitats and Maintenance of Viable Populations
1. The Director-General of the Environment Agency and the heads of the administrative organizations
of the National Government to execute programmes for the rehabilitation of natural habitats and the
maintenance of viable populations (referred to as "the Director-General of the Environment Agency
and other National Government officials" in Paragraph 3) shall hear opinions of the Nature
Conservation Council to formulate programmes for the rehabilitation of the natural habitats and the
maintenance of viable populations in order to contribute towards proper and effective implementation
of the programmes for the rehabilitation of natural habitats and the maintenance of viable populations.
2. The programmes for the rehabilitation of natural habitats and the maintenance of viable populations
shall be formulated on the species-by-species basis for the national endangered species of wild fauna
and flora to be the objects of the programmes, covering the targets of the programmes for the
rehabilitation of natural habitats and the maintenance of viable populations, the areas where the
programmes for the rehabilitation of natural habitats and the maintenance of viable populations are to
be executed, the substance of the programmes for the rehabilitation of natural habitats and the
maintenance of viable populations and other matters necessary for proper and effective
implementation of the programmes for the rehabilitation of natural habitats and the maintenance of
viable population.
3. The Director-General of the Environment Agency shall, when a programme for the rehabilitation of
natural habitats and the maintenance of viable populations has been formulated under Paragraph 1,
announce its outline in the Official Gazette and make available for the public perusal the programme
for the rehabilitation of natural habitats and the maintenance of viable populations.
4. The provisions of Paragraph 1 and the preceding Paragraph shall be applied mutatis mutandis to
changes to the programmes for the rehabilitation of natural habitats and the maintenance of viable
populations under Paragraph 1.
Article 46
Approved Programmes for Rehabilitation of Natural Habitats and Maintenance of Viable
Populations
1. The National Government shall, when it is deemed as necessary, execute programmes for the
rehabilitation of natural habitats and the maintenance of viable populations.
2. Local governments may seek confirmation by the Director-General of the Environment Agency
of their programmes for the rehabilitation of natural habitats and the maintenance of viable
populations, of which those conforming to the programmes for the rehabilitation of natural habitats
and the maintenance of viable populations under Paragraph 1 of the preceding Article.
3. Those other than the National Government and local governments may have approval by the
Director-General of the Environment Agency that they are capable of properly and reliably executing
their programmes for the rehabilitation of natural habitats and the maintenance of viable populations
and that their programmes for the rehabilitation of natural habitats and the maintenance of viable
populations conform to programmes for the rehabilitation of natural habitats and the maintenance of
viable populations under Paragraph 1 of the preceding Article.
4. The Director-General of the Environment Agency shall, when approval is granted under the
preceding Paragraph, announce to that effect as prescribed by a Prime Minister's Office Ordinance.
The same shall apply when the approval is nullified under the provision of Article 48 Paragraph 2 or
Paragraph 3.
Article 47
Approved Programmes, Etc.
1. The approved programmes for the rehabilitation of natural habitats and the maintenance of viable
populations, etc. (which include the programmes for the rehabilitation of natural habitats and the
maintenance of viable populations executed by the National Government, the programmes for the
rehabilitation of natural habitats and the maintenance of viable populations confirmed by Paragraph 2
of the preceding Paragraph and the programmes for the rehabilitation of natural habitats and the
maintenance of viable populations approved under Paragraph 3 of the same Article; the same shall
apply hereinafter in this Article) shall be executed in accordance with the programmes for the
rehabilitation of natural habitats and the maintenance of viable populations under Article 45 Paragraph
1.
2. The provisions of Article 9, Article 37 Paragraph 4 and Paragraph 10, Article 38 Paragraph 4,
Article 39 Paragraph 1 and Article 54 Paragraphs 2-3 shall not be applied to conducts to be performed
under the approved programmes for the rehabilitation of natural habitats and the maintenance of viable
populations.
3. The owners or the occupants of land within the natural habitat conservation areas shall make
efforts to co-operate for installation of necessary facilities for the rehabilitation of natural habitats and
the maintenance of viable populations, such as feeding facilities, under the approved programmes for
rehabilitation of natural habitats and the maintenance of viable populations.
4. The Director-General of the Environment Agency may seek reports, from those executing the
approved programmes for the rehabilitation of natural habitats and the maintenance of viable
populations under Paragraph 3 of the preceding Article, on the stata of the execution of their
programmes for the rehabilitation of natural habitats and the maintenance of viable populations and
other necessary matters.
Article 48
Notification of Termination of Programmes
1. Those executing the programmes for the rehabilitation of natural habitats and the maintenance of
viable populations with the confirmation under Article 46 Paragraph 2 or those executing the
programmes for the rehabilitation of natural habitats and the maintenance of viable populations
approved under Paragraph 3 of the same Article, when they terminate their programmes for the
rehabilitation of natural habitats and the maintenance of viable populations or when they become
unable to execute their programmes for the rehabilitation of natural habitats and the maintenance of
viable populations according to the programmes for the rehabilitation of natural habitats and the
maintenance of viable populations in accordance with Article 45 Paragraph 1, shall notify the
Director-General of the Environment Agency to that effect.
2. The Director-General of the Environment Agency shall, when the notification is received under
the provision of the preceding Paragraph, nullify the confirmation under Article 46 Paragraph 2 or the
approval under Paragraph 3 of the same Article with respect to the notification.
3. The Director-General of the Environment Agency may, when the approved programmes for the
rehabilitation of natural habitats and the maintenance of viable populations are regarded as not being
executed in accordance with the programmes for the rehabilitation of natural habitats and the
maintenance of viable populations or when those executing the approved programmes for the
rehabilitation of natural habitats and the maintenance of viable populations are regarded as having
ceased to be capable of properly and reliably executing their programmes for the rehabilitation of
natural habitats and the maintenance of viable populations or when they fail to submit reports provided
for in Paragraph 4 of the preceding Article or submit false reports, nullify the authorization.
CHAPTER V MISCELLANEOUS PROVISIONS
CHAPTER V
MISCELLANEOUS PROVISIONS
Article 49
Surveys
The Director-General of the Environment Agency shall regularly conducts surveys of the conditions of
habitation or growth of individuals of species of wild fauna and flora, those of habitats or growing
ground and other necessary matters and make use of results of such surveys for the revision or
abolition of orders based on this Law, the designation or the nullification of the designation based on
this Law and other purposes for just and appropriate implementation of this Law.
Article 50
Personnel To Be Engaged in Enforcement
1. The Director-General of the Environment Agency or the Minister of Agriculture, Forestry and
Fisheries may delegate Agency or Ministry personnel, of whom those satisfying the requisites
prescribed by a Cabinet Order, a part of the authority prescribed by Article 8, Article 11 Paragraph 1
(including the cases where it is applied mutatis mutandis to Paragraph 3 of the same Article), Article
14, Article 18, Article 19 Paragraph 1, Article 35, Article 40 Paragraph 1 or Paragraph 2 or Article 41
Paragraph 1 (only limited to the authority provided for in Article 11 Paragraph 1 applied mutatis
mutandis to Paragraph 3 of the same Article, and Article 19 Paragraph 1, as for the Minister of
Agriculture, Forestry and Fisheries).
2. The personnel to execute a part of the authority of the Director-General of the Environment
Agency or the Minister of Agriculture, Forestry and Fisheries under the provision of the preceding
Paragraph (referred to as "the regulatory officials for the conservation of the endangered species of
wild fauna and flora" in the following Paragraph) shall, when they execute the authority delegated,
carry the certificates indicating their positions and present them to the parties concerned.
3. Necessary matters concerning the regulatory officials for the conservation of the endangered
species of wild fauna and flora, other than those stipulated in the preceding two Paragraphs, shall be
prescribed by a Cabinet Order.
Article 51
Endangered Species Conservation Promoters
1. The Director-General of the Environment Agency may commission endangered species
conservation promoters from among those possessed of eagerness for and discernment over the
conservation of the endangered species of wild fauna and flora.
2. The endangered species conservation promoters shall carry out the activities mentioned in the
following:
(1) To enlighten the people as for the conditions in which the endangered species of wild fauna and
flora are placed and the importance of conserving them.
(2) To carry out surveys of the conditions of habitation and growth as well as habitats and growing
ground of individuals of the endangered species of wild fauna and flora.
(3) To give owners or possessors of the individuals, etc. of the endangered species of wild fauna and
flora or owners or occupants of land tracts where habitats or growing ground of such species necessary
advice in response to their calls for the conservation of the endangered species of wild fauna and flora.
(4) To co-operate, as necessary, with the National Government and local governments for measures
for the conservation of the endangered species of wild fauna and flora.
3. The endangered species conservation promoters shall be an honorary position and their term of
office shall be three (3) years.
4. The provisions of Article 9 shall not be applied to the taking etc. conducted by the endangered
species conservation promoters for surveys of individuals of the endangered species of wild fauna and
flora, of which those prescribed by a Prime Minister's Office Ordinance.
5. The Director-General of the Environment Agency may, when the endangered species
conservation promoters are hindered from fulfilling their duties or they neglect their duties or when
they violate the provisions of this Law and commit other disdemeanours unbecoming to the
endangered species conservation promoters, dismiss them.
Article 52
Methods of Payments of Costs To Be Encumbered
1. When the Director-General of the Environment Agency under the provision of Article 40
Paragraph 3 or the Minister of International Trade and Industry under the provision of Article 16
Paragraph 3 is to have the costs encumbered, the Director-General or the Minister shall issue written
orders for payments by prescribing an amount of the costs (hereinafter referred to as "the costs to be
encumbered" in this Article) and due date as prescribed by a Prime Minister's Office Ordinance and a
Ministry of International Trade and Industry Ordinance.
2. The Director-General of the Environment Agency or the Minister of International Trade and
Industry or other Government officials concerned shall, where there are those who have failed to make
the payment of the costs to be encumbered by the due date fixed under the preceding Paragraph, shall
demand the payment by prescribing the term in a demand note as stipulated by a Prime Minister's
Office Ordinance and Ministry of International Trade and Industry Ordinance.
3. The Director-General of the Environment Agency or the Minister of International Trade and
Industry or other Government officials concerned may, when the demand is made under the preceding
Paragraph, collect a delinquent charge in an amount calculated per diem by multiplying an amount of
the costs to be encumbered by a rate not exceeding fourteen point five percent (14.5%) per annum for
a period from the day after the due date under Paragraph 1 to the day the payment is completed or to
the day before seizure of property.
4. The Director-General of the Environment Agency or the Minister of International Trade and
Industry or other Government officials concerned may, when those having received the demand under
the provision of Paragraph 2 fail to make the payment of the costs to be encumbered and delinquent
charges as regard the costs encumbered under the preceding Paragraph (hereinafter referred to as "the
delinquent charges" in this Article), collect the costs to be encumbered and delinquent charges
following the example of procedures for the collection of delinquency of national taxes. In such a case,
priority of lien follows national taxes and local taxes for the costs to be encumbered and delinquent
charges.
5. The delinquent charges precede the costs to be encumbered.
Article 53
Measures for Local Governments, Such As Advice
The National Government shall make efforts to adopt measures, such as advice to local governments
so that local governments may execute in smooth manners their measures for the conservation of the
endangered species of wild fauna and flora.
Article 54
Special Treatment of National Government, Etc.
1. The provisions of Article 8, Article 9, Article 12 Paragraph 1, Article 35, Article 37 Paragraph 4
and Paragraph 10, Article 38 Paragraph 4' Article 39 Paragraph 1, Article 40 Paragraph 1 and Article
41 Paragraphs 1-2 shall not be applied to businesses or programmes conducted by National
Government organizations and local governments.
2. National Government organizations or local governments shall consult in advance with the
Director-General of the Environment Agency when they are to conduct the taking etc. of living
individuals of the national endangered species of wild fauna and flora in the cases other than the cases
mentioned in Article 9 Items 2-3, when to conduct the transfers etc. of individuals etc. of the
endangered species of wild fauna and flora in the cases other than the cases mentioned in Article 12
Paragraph 2-7, or when to perform the conducts falling into the categories in which the permission is
required under Article 38 Paragraph 4 Item 3, with the exceptions of the cases prescribed by a Prime
Minister's Office Ordinance.
3. When National Government organizations or local governments perform the conducts falling into
the category of the cases where they make the notification under the provision of Article 58 Paragraph
8 and may continue the conducts mentioned in each Item of Paragraph 4 of the same Article or when
they perform or are to perform the conducts falling into the categories in which the notification is
required under the provision of Paragraph 10 of the same Article or Article 39 Paragraph 1, the
National Government organizations and local governments shall notify the Director-General of the
Environment Agency to that effect following the example of the notification under those provisions,
with the exceptions of the cases prescribed by a Prime Minister's Office Ordinance.
Article 55
Delegation of Authority
The authority of the Director-General of the Environment Agency prescribed in this Law may be in
part delegated to the governors of prefectures as stipulated by a Cabinet Order.
Article 56
Provisional Measures
Where orders are to be issued, amended or abolished on the basis of this Law, provisional measures
(including provisional measures for penal regulations) may be adopted by orders based on this Law
within the limit considered as reasonally necessary for the issuance, amendment or abolition of orders.
Article 57
Mandate to Prime Minister's Office Ordinance
Matters necessary for the procedures for implementing this Law and other matters necessary for
enforcing this Law, other than the provisions of this Law, shall be prescribed by a Prime Minister's
Office Ordinance.
CHAPTER VI PENAL REGULATIONS
CHAPTER VI
PENAL REGULATIONS
Article 58
Those falling under any of the following Items shall be imprisoned for a term not exceeding one (1)
year ot fined an amount not exceeding one million yen (\1 million):
(1) Those having violated the provisions of Article 9, Article 12 Paragraph 1, Article 15 Paragraph 1
or Article 37 Paragraph 4.
(2) Those having violated the orders issued under the provisions of Article 11 Paragraph 1 (including
the cases where the provisions are applied mutatis mutandis to Paragraph 3 of the same Article),
Article 14, Article 16 Paragraph 1 or Paragraph 2, or Article 40 Paragraph 2.
Article 59
Those falling under any of the following Items shall be imprisoned for a term not exceeding six (6)
months or fined an amount not exceeding five hundred thousand yen (\500,000):
(1) Those having violated the conditions attached under the provision of Article 10 Paragraph 5
(including the cases where the provision is applied mutatis mutandis to Paragraph 11 of the same
Article and Article 13 Paragraph 4) or Article 37 Paragraph 7.
(2) Those having violated the orders issued under the provisions of Article 18, Article 20 Paragraph 46, Article 32 Paragraph 2 (including the cases where they are applied mutatis mutandis to Paragraph 3
of the same Article) Article 33-4 Paragraph 2 or Article 33-6 Paragraph 4.
(3) Those having made the registrations or the prior registrations by a falsehood or other illegal means.
(4) Those having entered in the prior registration certificates matters within the purview of Article 203 Paragraph 1 in regard to the designated materials, etc., other than those corresponding to the
designated materials etc. for which the prior registrations have been made or matters within the
purview of the same Paragraph which include false matters.
(5) Those having violated the provision of Article 38 Paragraph 4.
Article 60
Those having violated the provision of Article 25 Paragraph 1 or Article 33-10 Paragraph 1 shall be
imprisoned for a term not exceeding six (6) months or fined an amount not exceeding five hundred
thousand yen (\500,000).
Article 61
Those falling under any of the following Items shall be fined an amount not exceeding five hundred
thousand yen (\500,000):
(1) Those having violated the provisions of Article 17 or Article 39 Paragraph 5.
(2) Those having been engaged in the businesses dealing with the designated national endangered
species or the designated parts of the internationalendangered species without the notification under
the provisions of Article 30 Paragraph 1 or Paragraph 2 or Article 33-2, or those having made false
notification.
(3) Those having violated the conditions attached under the provision of Article 37 Paragraph 7
applied mutatis mutandis in Article 38 Paragraph 5.
(4) Those having acted the conducts prescribed in Article 39 Paragraph 1 without the notification
stipulated in the same Paragraph, or those having made false notification.
(5) Those having violated the orders issued under the provision of Article 39 Paragraph 2.
Article 62
Those falling under any of the following Items shall be fined an amount not exceeding two hundred
thousand yen (\200,000):
(1) Those having conducted the taking etc. without carrying the certificates of permission or the
certificates of personnel engaged in the taking etc. in violation of the provision of Article 10 Paragraph
9 (including the cases where the provision is applied mutatis mutandis to Paragraph 11 of the same
Article).
(2) Those having failed to submit the reports prescribed in Article 19 Paragraph 1 or having submitted
false reports, those having refused, obstructed or evaded the on-the-spot inspections stipulated in the
same Paragraph, or those having failed to make statements to the enquiries or having made false
statements.
(3) Those having received the reissued registration cards under Article 20 Paragraph 4 (including the
cases where it is applied mutatis mutandis to Article 22 Paragraph 2) by a falsehood or other illegal
means.
(4) Those having violated the provision of the priviso to Article 20-3 Paragraph 1 or Paragraph 3.
(5) Those having failed to submit the reports provided for in Article 20-3 Paragraph 2 or Paragraph 7
or those having submitted false reports.
(6) Those having violated the provisions of Article 21, Article 22 Paragraph 1 or Article 30 Paragraph
3 (including the cases where they are applied mutatis mutandis to Paragraph 5 of the same Article and
Article 33-5).
(7) Those having failed to submit the reports provided for in Article 33 Paragraph 1 (including the
cases where it is applied mutatis mutandis to Paragraph 2 of the same Article and Article 33-5; the
same shall apply hereinafter in this Item) or having submitted false reports, or those having refused,
obstructed or evaded the on-the-spot inspections or those having failed to make statements to the
enquiries or having made false statements under the provision of Article 33 Paragraph 1.
(8) Those having obtained certification under Article 33-7 Paragraph 1 by a falsehood or other illegal
means.
(9) Those having violated the provision of Article 33-7 Paragraph 4.
(10) Those having failed to submit the reports provided for in Article 41 Paragraph 1 or having
submitted false reports, or those having refused, obstructed or evaded the on-the-spot inspections or
those having failed to make statements to the enquiries or having made false statements to the
enquiries under Paragraph 2 of the same Article.
(11) Those having refused or obstructed the entries provided for in Article 42 Paragraph 1 in violation
of Paragraph 4 of the same Article.
Article 63
The officers or personnel of the designated registration organizations or the designated certifying
organizations, when they fall under any of the following Items, shall be fined an amount not exceeding
two hundred thousand yen (\200,000).
(1) When they terminate without the permission under Article 24 Paragraph 4 or Article 33-9
Paragraph 4 the whole of the businesses related to registrations or the businesses related to
certification.
(2) When they have failed to submit the reports provided for in Article 27 Paragraph 1 (including the
cases where it is applied mutatis mutandis to Article 33-14; the same shall apply hereinafter in this
Item) or having submitted false reports, or they have refused, obstructed or evaded the on-the-spot
inspections, or having failed to make statements to the enquiries or having made false statements to
the enquiries stipulated in the same Paragraph.
Article 64
When the representatives of corporations, or the agents of corporations or individuals, any categories
of workers, such as employees, have committed offenses to the provisions of Article 58, Article 59,
Article 61 or Article 62 in regard to the businesses of the corporations or the individuals, the offenders
shall be punished and the corporations or the individuals shall as well be fined as provided for in each
of the above Articles.
SUPPLEMENTARY PROVISIONS (Excerpt)
Article 1
Date of Enforcement
This Law shall be enforced as from April 1, 1993. However, the provisions of Article 1 (ellipsis) shall
be enforced as from the date of promulgation (June 5, 1992).
Article 2
Abolition of the Law Relating to Regulations of Transfers of Designated Special Birds, Etc.
The laws mentioned in the following shall be abolished:
(1) The Law relating to the Regulations of Transfers of Designated Special Birds (Law No. 49 of
1972).
(2) The Law relating to the Regulations of Transfers of Endangered Species of Wild Fauna and Flora
(Law No. 58 of 1987).
Provisional Measures
Article 3
The permission granted under the provision of the proviso to Article 3 Paragraph 1 of the Law relating
to the Regulations of Transfers of Designated Special Birds (hereinafter referred to as "the former
Designated Special Birds Law") prior to the abolition as prescribed by the preceding Paragraph or the
permission granted under the provision of Article 3 Paragraph 1 Item 1 of the Law relating to the
Regulations of Transfers of Endangered Species of Wild Fauna and Flora (hereinafter referred to as
"the former Wild Fauna and Flora Law") prior to the abolition as stipulated by the preceding
Paragraph, which is effective at the time this Law is put into effect, shall be regarded as the permission
under Article 13 Paragraph 1.
Article 4
The endangered species of wild fauna and flora registered under Article 6 Paragraph 1 of the former
Wild Fauna and Flora Law (hereinafter referred to as "the endangered species"), of which the
individuals of the international endangered species of wild fauna and flora, shall be regarded as those
registered under Article 20 Paragraph 1, and the registration cards issued in regard to the said
individuals under the provision of Article 6 Paragraph 3 or Paragraph 5 of the former Wild Fauna and
Flora Law (including the cases where the provision is applied mutatis mutandis to Article 8 Paragraph
2 of the former Wild Fauna and Flora Law) shall be regarded as the registration cards issued under the
provision of Article 20 Paragraph 2.
Article 5
Other than those prescribed by the preceding two Paragraphs, the acts, such as disposition, conducted
by the Director-General of the Environment Agency under the provisions of the former Designated
Special Birds Law or the former Wild Fauna and Flora Law or the applications submitted to the
Director-General of the Environment Agency for the permission or the registrations or the reissue of
the registration cards under the provisions of the former Wild Fauna and Flora Law shall be regarded
as the conducts, such as disposition, performed by the Director-General of the Environment Agency or
the applications submitted to the Director-General of the Environment Agency for the permission or
the registrations or the reissue of registration cards under the corresponding provisions of this Law.
Article 6
The notification to the Director-General of the Environment Agency relating to those who have
received the endangered species registered under Article 6 Paragraph 1 of the former Wild Fauna and
Flora Law and the returns of the registration cards pertaining to the endangered species that fall under
any of the Items of Article 8 Paragraph 1 of the former Wild Fauna and Flora Law by those possessed
of the endangered species prior to the enforcement of this Law shall follow the example established
heretofore.
Article 7
The application of penal regulations to the activities conducted prior to the enforcement of this Law
and those conducted after the enforcement of this Law but in the cases where the example established
heretofore is to be followed under the provision of the preceding Paragraph shall follow the example
established heretofore.
SUPPLEMENTARY PROVISIONS (Law No. 52 of 1994)
This Law shall take effect as from the day prescribed by a Cabinet Order (June 28, 1995) within a
period not exceeding one (1) year as from the day it is promulgated (June 29, 1994).