WILDLIFE PROTECTION AND HUNTING LAW AND
RELATED LEGISLATION (1918)
Law No. 32 of 1918
Cabinet Order No. 254 of 1953
Ordinance of the Ministry of Agriculture and Forestry No. 108 of 1950
ENVIRONMENT AGENCY, JAPAN
CONTENTS
Wildlife Protection and Hunting Law
. 2
Cabinet Order for the Implementation of the Wildlife Protection and Hunting
Law
....................................
. 13
Implementation Ordinance of the Wildlife Protection and Hunting Law
.
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..
. 15
WILDLIFE
PROTECTION AND HUNTING LAW
Law No. 32 of 4 April, 1918
Final Amendment: Law No. 85 of 22 June, 1972
Article 1
The purpose of this Law shall be to protect and propagate the game, to
control and prevent the danger of the harmful game through the execution of
game protection project and effectuation of hunting for the purpose of the
improvement of living environment and contribution to the promotion of
agriculture, forestry and fisheries.
Article 1-2
The prefectural governor, in order to execute the project aiming at the
protection and propagation of game (inclusive of the control with respect to hunting
thereof. Hereinafter referred to as game protection project) in accordance with
the standard specified by the Director-General of the Environment Agency upon
hearing the opinion of the Nature Conservation Council, shall set up the game
protection project plan.
In the game protection project plan, the following matters shall be provided
for:
Term of plan
Matters regarding establishment of sanctuary, designation of special
sanctuary, establishment of temporary hunting prohibited area and administration
thereof.
Matters regarding artificial propagation of game and liberation thereof.
Matters regarding the control of the harmful game.
Matters regarding the survey of habitat of the game.
Matters regarding public information on the game protection project.
Matters regarding development of steps to work out the game protection
project and other necessary matters for execution of the game protection
project.
The prefectural governor shall set up or altered the plan of the game
protection project, make it public without delay and at the same time report it
to the Director-General of the Environment Agency.
Article 1-3
The State, when it deems necessary with respect to establishment of the plan
for game protection project for prefecture, shall exercise the recommendation
and shall make its efforts toward the necessary guidance and assistance for
execution of the game protection project.
The prefectural governor, in order to accomplish the plan of the game
protection project, shall take necessary measures.
Article 1-4
Other birds and animals than "game" shall not be taken.
The species of "game" shall be specified by the Director-General
of the Environment Agency.
The Director-General of the Environment Agency or the prefectural governor
when he deems it necessary for protection and propagation of game, shall
specify the species of game, district, term or means of hunting and prohibit or
restrict the hunting thereof.
The Director-General of the Environment Agency, when he shall specify the
species of the game in accordance with the provisions of paragraph 2 or
prohibit or restrict the hunting of the game in accordance with the provision
of the preceding paragraph, shall hold the public hearing and hear the opinion
of the interested persons and consult with the Nature Conservation Guild.
The prefectural governor shall, when he shall prohibit or restrict the
hunting of the game in accordance with the provisions of the paragraph 3, hold
the public hearing and consult with the prefectural nature conservation council
and obtain the approval of the Director-General of the Environment Agency.
Article 2
The young game bird or eggs of game bird except those specified by the
Director-General of the Environment Agency shall not be taken or collected.
Article 3
The game, unless the hunting permit of the prefectural governor is obtained,
shall not be taken by means of firearms, net, trap or other hunting tackles
specified by the Director-General of the Environment Agency: provided that such
hunting shall be made without the use of firearms in the residential site
surrounded by railing, fences and the like.
Article 4
The hunting permit is classed as A, B and C and the hunting license shall be
granted.
License A shall be granted to those who perform the hunting by other method
than use of firearms, License B to those who perform hunting with firearms
(except air-gun) and License C to those who perform hunting with air-gun.
The prefectural governor shall give the hunting license to those who are
given hunting permit as well as the badge which certifies the grant of hunting
permission.
The hunting permit shall not be valid in other district than the district
under the control of the prefectural governor who granted the hunting license.
The validity of the hunting license shall be from 15 October to 15 April of
the following year: provided that it shall be from 15 September to 15 April of
the following year in Hokkaido.
The Director-General of the Environment Agency, when he deems it necessary
for protection and propagation of game, may limit the period of hunting during
the period of the preceding paragraph.
The game shall not be taken in other period than that prescribed in the
preceding two paragraphs.
Article 5
Hunting permit shall not be granted to the offender of this Law or the
ordinance of the Prime Minister's Office or the prefectural regulation issued
based on this Law who was punished by heavier penalty than a fine and completed
a sentence or it is still less than two years since he is placed under the stay
of execution.
The person who was cancelled the hunting permit in accordance with the
provisions of Article 8 paragraph 1 shall not be granted the hunting permit of
the prefectural governor who cancelled the hunting permit with respect to the
cancellation thereof unless two years are passed since its cancellation.
Article 6
The hunting permit shall not be granted to a minor, an idiot or a lunatic.
When the person who was granted the hunting permit becomes an idiot or a
lunatic, the prefectural governor shall cancel the hunting permit thereof.
Article 7
The prefectural governor shall not grant the hunting permit to the person
who is deemed not to have the certificate prescribed in the paragraph 2 of the
following article and is deemed not to have the necessary knowledge with
respect to the matters prescribed in each of paragraph 1 of the same article.
The prefectural governor, when he issues the hunting permit, shall consider
the condition of habitat and other situations in the district of prefecture
concerned and especially when he deems necessary, examine whether he has the
necessary attitude for doing hunting of the person who applied for the hunting
permit or not and then, he shall do so.
Article 7-2
The prefectural governor, in accordance with the provision of the Cabinet
Order, shall hold the hunting school every year to afford the necessary
knowledge with respect to the following matters for the attendants who intend
to obtain the hunting permits.
Legislation with respect to hunting
Identification of game
Handling of hunting tackles
The prefectural governor, in accordance with the provision of the Cabinet
Order, shall deliver the certificate to the person who attended at the hunting
school of the preceding paragraph and completed the course.
The prefectural governor, when he deems it necessary, shall let the person
who is designated by the Director-General of the Environment Agency upon
hearing the opinion of the Nature Conservation Council to perform a part of the
businesses with respect to the hunting school prescribed in the paragraph 1. In
this case the consent of the person who shall be made to take the business
shall be obtained in advance.
Article 8
When the person who was granted the hunting permit violated this Law or the
ordinance of Prime Minister's prefectural regulation issued based on this Law,
the prefectural governor may cancel a part of the whole of the hunting permit
thereof.
The Director-General of the Environment Agency, when he accepted the
application of examination on the dealing of the preceding paragraph, shall
reserve a justifiable period and make an advance notice for the applicant of
the examination and then hold the public hearing.
In the advance notice of the preceding paragraph, the date, locality and the
detail of the matter shall be indicated.
At the public hearing of the paragraph 2, the applicant for examination
shall be afforded an opportunity of showing the proof and expressing his
opinion.
Article 8-2
The Director-General of the Environment Agency or the prefectural governor,
when he deems it necessary for protection and propagation of game, may, in
accordance with the provision of the Cabinet Order, establish the sanctuary.
The person who has a right of ownership or other rights with respect to the
land or standing trees or bamboos inside of the gundary if the sanctuary shall
not reject the establishment of facilities of nesting, water supply and feeding
needed for breeding and propagation of game on the land or standing trees or
bamboos concerned by the Director-General of the Environment Agency or the
prefectural governor.
The Director-General of the Environment Agency or the prefectural governor
when he deems it necessary for protection and propagation of game, shall, in
accordance with the provision of the Cabinet Order specify the special
sanctuary inside of the boundary of the sanctuary.
The provisions of paragraphs 4 and 5 of Article 1-4 shall apply mutatis to
the case of paragraph 1 and the preceding paragraph.
The person who intends to make filling up of the water surface, or
reclamation, felling of standing trees and bamboos or establishment of any
structure shall be required for permission of the Director-General of the
Environment Agency or the prefectural governor except the action which shall be
deemed no hindrance to the protection and propagation of which shall be deemed
no hindrance to the protection and propagation of game and specified by the
Director-General of the Environment Agency or the construction of minor
structure which is specified by the prefectural governor.
In case where the application for permission of the preceding paragraph is
made, the Director-General of the Environment Agency or the prefectural
governor shall not reject the application unless the action with respect to the
application involves the justifiable reason in which there is a hindrance to
the protection and propagation of game in the special sanctuary concerned.
The State or prefecture shall compensate the loss to be occurred naturally
to the person who suffered a loss caused by the establishment of facilitates
provided for in the paragraph 2 or to the person who suffered a loss arising
from the inability of obtaining the permission provided for in paragraph 5.
The amount of the compensation provided for in the preceding paragraph shall
be decided by the Director-General of the Environment Agency or the prefectural
governor.
The person who is not satisfied with the decision provided for in the
preceding paragraph shall claim the increase of the amount of compensation with
a suit within three months from the day when he was informed the decision.
In the case of the suit of the preceding paragraph, the State or prefecture
shall be a defendant.
Article 9
The prefectural governor, in case when the game is decreased in a given
area, and he deems it necessary to increase such game, shall establish a
temporary hunting prohibited area in the period of not more than three years.
Article 10
The prefectural governor, when he deems it necessary for prevention of
danger and others, may establish the gun hunting prohibited area.
Article 11
No game shall be taken in any of the following places:
Sanctuary;
Temporary hunting prohibited area;
Highway;
Parks and the like designated by the Director-General of the Environment
Agency;
Precincts of Buddhist temple or Shinto shrine;
Cemetery;
Article 12
Any person may take game and collect eggs of bird, regardless of the
provision of the preceding articles, in case where he has been approved to do
so by the Director-General of the Environment Agency or the prefectural
governor for scientific study control of noxious bird and animal or any other
specific reasons.
The Director-General of the Environment Agency or the prefectural governor,
in case where he has given the approval provided for in the preceding
paragraph, shall deliver a license.
Article 13
No person shall raise, transfer or take over any bird and animal (exclusive
game) taken in accordance with the provision of paragraph 1 of the preceding
Article except with raising permit issued by the prefectural governor in
accordance with what provided for by order; provided this shall not apply to
any case of raising the same within thirty days after the expiration of
effective time limit as referred to in the permission under the provision of
the same paragraph.
Article 13-2
No pheasant nor copper pheasant (inclusive of any foodstuff processed
therefrom) shall not be sold; provided this shall not apply to any case
approved by the Director-General of the Environment Agency for scientific
studies, raising for the purpose of propagation, or any other special reasons.
Article 14
The State or the local public body may establish a game area subject to the
approval of the Director-General of the Environment Agency accompanied by the
game area control regulation in case where it is necessary to do so for
coordination of capture of game bird and animal in a given areas.
Matters to be provided for in the game area control regulation of the
preceding paragraph shall be provided for by the Cabinet Order.
In case where the person who established the game area intends to change the
game area control regulation and the matter with respect to the change shall
fall under the matters to be provided for by the Cabinet Order, the approval of
the Director-General of the Environment Agency shall be required in accordance
with the provision of the Cabinet order.
The game area shall not be established unless the consent of the person who
has a right registered on the land inside of the boundary of the area.
The term of existence of the game area shall not exceed ten years.
In case where the Director-General of the Environment Agency approved the
establishment of the game area, he shall make public the title, the district
and the term of existence of the game area and other matters specified by the
ordinance.
The person who established a game area in case where he deems it necessary
for protection and propagation of game inside of the boundary of the game area,
may entrust the business with respect to the maintenance and administration of
the game area concerned such as establishment of facilities needed for breeding
and propagation, artificial propagation of game, liberation of game and others
to the designated person; provided in case of the game area set up by the
State, the Director-General of the Environment Agency shall hear the opinion of
the Nature Conservation Council or in case of the game area set up by the local
public body, the prefectural governor shall hear the opinion of the prefectural
nature conservation council.
The person who has been entrusted the business of the preceding paragraph in
accordance with the provision of the same paragraph (hereinafter referred to as
trustee) shall bear the expenses required for the business concerned.
The trustee shall collect the money to meet the expenses required for the
business with respect to the trust from the person who intends to do hunting
inside of the boundary of the game area and may make it his income.
The Director-General of the Environment Agency in case where he deems it
necessary for the public benefit or he deems it not necessary to keep the game
area, may cancel the approval of establishment of the game area for the person
who established the game area. In this case, the person who established the
game area an opportunity of explanation, shall let his official to have
hearings for the person who established the game area.
Article 15
No game shall be taken by means of explosives, dangerous medicine, poison,
fixed rifle, dangerous trap or pitfall.
Article 16
No person shall make shooting before sunrise or after sunset, in city
street, and any other places full of dwelling houses or swarmed by public, nor
to any people, animal building, railroad car, electric car, warship or vessels
to which shot-shells may be reached.
Article 17
No person shall make hunting or such taking of bird and animal as referred
to in Article 12, paragraph 1 shall, in case where he intends to take game or
collect eggs of bird, carry with himself the hunting license or the permit and
exhibit it upon request of the official or employee concerned of the State or
local public bodies as well as police official or interested parties.
Article 18
No person shall take the game or those provided for in Article 12, paragraph
1 shall, in case where he intends to take game or collect eggs of bird, carry
with himself the hunting license or the permit and exhibit it upon request of
the official or employee concerned of the State or local public bodies as well
as police official or interested parties.
Article 19
Any person who has received a hunting license or a permit under the provision
of Article 12, paragraph 1 shall, in case where he intends to take game or
collect eggs of bird, carry with himself the hunting license or the permit and
exhibit it upon request of the official or employee concerned of the State or
local public bodies as well as police official or interested parties.
Article 19-2
The Director-General of the Environment Agency or the prefectural governor
may let his officials or employees enter the sanctuary, the temporary game
prohibited area, the game area or the shop and inspect the game or its
processed products or eggs of bird which any hunter or other interested person
possesses.
Right of entering and inspection prescribed in the preceding paragraph shall
not be construed as vested one for crime detection.
Any official or employee who enters for inspection in accordance with the
provision of paragraph 1 shall carry with himself an identity card showing his
status in order to exhibit it upon request of interested parties.
Article 20
No person shall transfer or take delivery any game (inclusive of its
processed products provided for by the ordinance of the Prime Minister's
Office) taken or eggs of bird collected or transfer or take delivery for the
purpose of sale, processing or store of the same in violation of the provisions
of the law or the ordinance of the Prime Minister's Office or prefectural
regulation issued based on this law.
Article 20-2
No person shall export or import any game (inclusive of its processed
products) provided for in the ordinance of the Prime Minister's Office or eggs
of bird provided for in the ordinance of the Prime Minister's Office except
with, in case of export, a certificate issued by the official concerned of the
Environment Agency certifying that the same have never been taken or collected
in violation of this Law or the ordinance of the Prime Minister's Office on the
prefectural regulation issued based on this Law, and except with, in case of an
import, a certificate issued by the government or collected lawfully: provided
that this shall not apply to the case of import from a country that has no
government agency eligible to certify taking or collection of the game
concerned.
The form or delivering procedure of the certificate as referred to in the
proceeding paragraph shall be provided for by the ordinance of the Prime
Minister's Office
Article 20-3
The Director-General of the Environment Agency or the prefectural governor
may collect necessary reports for enforcement of this Law from those
established the game area, those who received hunting permit, those who
received the approval provided for in Article 12 paragraph 1 or those who
intend to process, sell, export or import the game (inclusive of its processed
products) or eggs of bird.
Article 20-4
The official of prefecture who takes charge of control business relating to
hunting and is nominated by the prefectural governor in consultation of the
chief of a district public procurator's office corresponding to the district
court which administers the major service area of the official Criminal
Procedure Code (Law No. 131 of 1948) on the crime which contravened this law or
the ordinance of the Prime Minister's Office or the prefectural regulation
issued based on this Law.
Article 20-5
In order to assist the business with respect to the execution of the game
protection project, the game protection man shall be appointed in prefecture.
The game protection man shall be of part-time service.
Article 21
Any person shall be liable to a penal servitude less than one year or a fine
of not more than fifty thousand yen in any of the following cases:
If he has contravened the provisions of Articles 3, 11, 15, 16 or 20-2;
If he has made hunting in a gun hunting prohibited area;
If he has received by fraudulence the hunting permit or such permission as
referred to in Article 12, paragraph 1;
Any thing used for criminal purpose violating the provisions of items (1) or
(2) of the preceding paragraph as well as any game taken through other crimes
and owned by criminal shall be forfeited.
Article 22
Any person shall be subject to a penal servitude less than six months or a
fine of not more than thirty thousand yen in any of the following cases:
If he has contravened the provisions of Article 1-4 paragraph 1, Article 2,
Article 4 paragraph 7, Article 13, Article 13-2, or Article 20;
If he has failed to abide by any prohibition or restrictions under Article
1-4 paragraph 3;
If he has let others use his own hunting license, the permit under the
provision of Article 12 paragraph 2, or the raising permit under the provision
of Article 13;
If he has used other's hunting license, the permit under the provision of
Article 12 paragraph 2 or the raising permit under the provision of Article 13;
Article 22-2
Any person who has contravened the provision of Article 8-2 paragraph 2 or
5, Article 17 or 18 shall be liable to a fine of not more than thirty thousand
yen provided that any criminal in violation of the provision of Article 17
shall be indivated upon complaint of either occupant or any license-holder for
joint game area.
Article 23
Any person shall be liable to a fine of not more than ten thousand yen in
any of the following cases:
If he has contravened the provision of Article 14 paragraph 3 or Article 19;
If he has refused, obstructed or evaded such inspection by entering as
provided for in the provision of Article 19-2 paragraph 1;
If he has failed to submit report in accordance with the provision of
Article 20-3 or made false report;
If he has moved, damaged, wrecked or removed any sign of sanctuary, special
sanctuary, temporary hunting prohibited area, or any facilities as referred to
in the provision of Article 8-2, paragraph 2;
Article 24
In case where any person who had received a hunting permit or the permit
under the provision of Article 12 paragraph 1 has been sentenced a penalty more
than a fine by contravening the provision of this law or the ordinance of the
Prime Minister's Office or the regulation of prefecture issued thereunder, his
hunting license or the permit shall become null and void.
Article 25
In case where any representative of a juridical person or any proxy,
employee or other worker of a juridical or natural person has acted in
violation of the provisions of Article 21 to 23 inclusive with respect to
business of the juridical or natural person, the latter shall also be liable to
the punishment inflicted on the real offender, unless it is proved that due
care and supervision has been exercised in connection with the business of said
juridical or natural person in order to prevent such violation by the proxy,
employee, or other worker thereof.
Article 26
Abolished
Supplementary Provisions
Article 27
The data of enforcement of this Law shall be decided by the Imperial
Ordinance.
Article 28
The law No. 7 of 1897 shall be abolished.
Article 29
As for the permission granted under the provision of the former law, the
precedents shall apply thereto.
The hunting prohibited area or the gun hunting prohibited area established
under the provision of the abolished law shall be deemed as the hunting
prohibited area or the gun hunting prohibited area established under the
provision of this Law.
Article 30
The permission granted to the joint game area prior to the enforcement of
this Law shall hold its validity.
The period of the permission of the preceding paragraph may be renewed upon
request.
Article 31
In case where any person who had received the hunting permit has been
punished in accordance with the provisions of Article 21 to 23 inclusive of the
abolished law, his hunting permit shall become null and void. In this case, no
person shall receive a new hunting permit before one year has elapsed since
that time.
CABINET
ORDER FOR THE
IMPLEMENTATION OF THE WILDLIFE
PROTECTION AND HUNTING LAW
Cabinet Order No. 254 of 31 August,
1953 Final Revision:
Cabinet Order No. 219 of 30 June,
1971
(Hunters' School)
Article 1
The hunters' school (hereinafter referred to as "school") under
the provision of Article 7-2, Paragraph 1 of Wildlife Protection and Hunting
Law (hereinafter referred to as "Law") shall have trainers who have
the residence inside the boundary of the district under the control of
prefectural governor who shall hold the school concerned and such school shall
be held by each of the hunting permit, classes A, B, and C.
The school shall be held in other season than that specified in Article 4
paragraph 5 of the Law (in case where the Director-General of the Environment
Agency specifies the hunting season under the provision of the Paragraph 6 of
the said Article. This season hereinafter referred to as "hunting
season"). The school might be held in hunting season for the person who
could not attend at school during the season other than the hunting season
owing to the sickness or other inevitable circumstances.
Article 2
The date and place of the school to be held shall be decided taking
consideration of the purpose that the person who intends to obtain the hunting
permit can attend at school without any difficulty.
Article 3
The prefectural governor shall, when he intends to hold the school, make
public the date and place of the school and other necessary matters for holding
the school not later than twenty days before the expected day of opening
school.
Article 4
Lectures at the school shall be conducted in accordance with the syllabus
specified by the Director General of the Environment Agency.
Lectures at the school on items listed under Article 7-2, Paragraph 1, (1)
of the Law shall be three hours or more; on items listed under (2) of the said
paragraph shall be two hours and more; and for item listed under (3) of the
said paragraph shall be one hour or more for class A hunting license and four
hours or more for classes B and C hunting licenses. In cases of schools for the
licensees holding license (if the school is concerned with class B and C
hunting license, B or C class licenses) effective in one or two years of the
three consecutive license years (from April 16 to each year to April 15 of the
following year), including the preceding license year of the starting date of
the school, the total lecture hours with respects to items listed under each
items of the said Paragraph may be from two hours to six hours.
(Certificate)
Article 5
This certificate specified in Article 7-2, Paragraph 2 of the Law shall be
granted only to those who attended at school and only when they were examined
whether the matters related to the lesson concerned were acquired or not and
who are deemed to have acquired the knowledge on these matters.
Article 6
The period of validity of the certificate of Article 702, Paragraph 2 of the
Law shall be five years counting from the first day of the authorized year to
which the day of completion of school course belongs.
(Term of existence of the sanctuary)
Article 7
Establishment of the sanctuary shall be made after the term of its existence
is fixed.
The term of existence of the preceding paragraph shall be less than twenty
years: provided that its renewal shall not be precluded.
Article 7-2
Designation of the special sanctuary shall be made within the limits of the
term of existence of the sanctuary to which the special sanctuary belongs after
the term of existence is fixed.
Article 8
The following matters shall be provided for in the game area control
regulation:
Name of the game area;
Location of the office;
District of the game area;
Term of existence of the game area
Procedure for application of hunting;
Fee for approval of hunting and how to pay it;
Matters relating to the hunting permission;
Conditions to be observed by hunters;
Other matters related to the maintenance and control of the game area and
prescribed by the Order of the Prime Minister's Office.
Article 9
Matters provided for by the Cabinet Order of Article 14 Paragraph 3 of the law
shall be those prescribed in Nos. 3, 4, and 6 and from 8 to 11 exclusively.
The person who has established the game area in case where he intends to
obtain the approval of the Director-General of the Environment Agency provision
of Article 14 Paragraph 3 of the Law shall submit the written application
stating the reason for such alteration to the Director-General of the
Environment Agency.
IMPLEMENTATION
ORDINANCE OF THE WILDLIFE
PROTECTION AND HUNTING LAW
Ministry of Agriculture and Forestry
Ordinance No. 108
of 30 September 1950
Final Revision:
Ordinance of the Prime Minister's
Office No. 72 of 27 November, 1972
(Species of Game)
Article 1
The species of game of Article 1-4, Paragraph 2 of the Wildlife Protection
and Hunting Law (hereinafter referred to as "Law") shall be as
follows:
Goi-sagi (Night Heron), Kiji (Green Pheasant), Korai-kiji (Korean
Ring-necked Pheasant), Yama-dori (Copper Pheasant), Uzura (Japanese Quail),
Ezoraicho (Japanese Hazel Grouse), Kojukei (Chinese Bamboo Partridge), Onagagamo
(Pintai), Kogamo (Teal), Yoshigamo (Falcated Teal), Magamo (Mallard), Karugamo
(Spot-billed Duck), Hidorigamo (Wigeon), Hashibirogamo (Shoveller), Hoshajiro
(Pcchard), Kinkurohajiro (Tufted Duck), Suzugamo (Eastern Scaup-duck), Biroudo
kinkuro (Eastern Velvet-Scoter), Kurogamo (American Black Scoter), Korigamo
(Long-tailed Duck), Umi-aisa (Red-breasted Merganser), Kawa-asia (Asiatic
Goosander), Ban (Indian Moorhen), O-ban (Coot), Ta-shigi (Common Snipe),
Yama-shigi (Woodcock), Kiji-bato (Eastern Turtle-Dove), Hashibuto-garasu
(Japanese Jungle-Crow), Hashiboso-garasu (Eastern Carrion-Crow), Miyama-garasu
(Easter Rock), Suzume (Japanese Tree Sparrow), Nyunai-suzume (Russet Sparrow),
Kuma (Bear), Higuma (Brown Bear), Inoshishi (Wild Boar), Osu-jika (Male deer),
Kitsune (Japanese Fox), Tanuki (Raccoon Dog) Annaguma (Japanese Badger), Ten
(Marten, except Tsushima Marten), Musasabi (Giant Flying Squirrel), Risu
(Squirrel), Shima-risu (Chipmunk), Taiwan-risu (Formosa Common Squirrel),
Osu-Itachi (Male Japanese Mink), No-usagi (Hare), No-neko (Car-run-Wild),
No-inu (Dog-run-Wild), and Nutria (Nutria).
(Limits of hunting season)
Article 2
No hunting shall be allowed for Anaguma (Japanese Badger), Osu-Itachi (Male
Japanese Mink), Kitsune (Japanese Fox), Osu-Jika (Male deer), Tanuki (Raccoon
Dog), Ten (Marten, except Tsushima Marten), Musasabi (Giant Flying Squirrel and
Risu (Squirrel) in other season than that from 1 December to 15 February of the
following years (in Hokkaido, from 15 November to 31 January of the following
year).
(Restriction on means of hunting)
Article 3
Any one of the following means of hunting shall not be used for the game:
Mist net;
Gun with No. 10 (0.775 inch) bore or with larger bore;
Shooting from a flying airplane, driving motor car, or motor boat running at
the speed of over 5 knots;
A shotgun that has a chamber that may be charged with more than four ball
cartridges;
Rifle of 59-caliber and below charged with gunpowder;
Air rifle;
Pressure trap;
Fishing hook and bird-lime;
Bow and arrow;
Pheasant whistle.
Games other than bear, brown bear, wild boar and male deer shall not be
caught by using a rifle charged with gunpowder (exclude rifle below 59-caliber
charged with gunpowder).
Game birds shall not be caught by traps (exclude pressure trap).
No trapping or powder charged rifle shall not be used for game bird hunting.
(Bag limit)
Article 4
The game listed in the left shall not be taken outside of the game area not
more than the bag limit per day listed in the right.
Kiji (Green Pheasant), Korai-kiji (Korean Ring-necked Pheasant), Yamadori
(Copper Pheasant) - Up to 2 in all
Uzura (Japanese Quail) - Up to 5 in all
Ezo-raicho (Japanese Hazel Grouse) - Up to 2 in all
Kojukei (Chinese Bamboo Partridge - Up to 8 in all
Kamo (Ducks (Article 1)) - (less than 500 throughout the hunting season for
net hunters)
Ban (Indian Moorhen), O-ban (Coot) - Up to 3 in all
Ta-shigi (Common Snipe), Yama-shigi (Wood cock) - Up to 5 in all
Kiji-bato (Eastern Turtle-Dove) - Up to 10 in all
Article 5
Omission
(Hunting tackles)
Article 6
Hunting tackles specified by the Director-General of the Environment Agency
under the provision of Article 3 of the Law shall be as follows:
Firearms; powder charged rifle and air gun (except for the one which
discharges cork bullets) and others which discharge bullets by the power of
gas.
Nets: Muso nets, stretched nets, (except mist net), thrusting nets, and
casting nets.
Traps: binding traps, box traps, falling box traps, and pressing traps.
(Applications for hunting permit)
Article 7
A person who intends to obtain the hunting permit under the provision of
Article 3 of the Law shall submit a written application stated the following
matters accompanied by a certificate under the provision of Article 7-2,
Paragraph 2 of the Law (hereinafter referred to as "the certificate of
completion of hunters' school course") or a document to certify that he
has a certificate of completion of hunters' school course, and two photographs
of Leica size having been taken in recent six months showing full face with no
hat on, and bust to the prefectural governor who administers the district where
is going to do hunting.
Kind of hunting permit which he intends to obtain;
The address, profession, full name and date of birth of the applicant;
Whether or not the applicant had been sentenced to a fine in violation of
the Law or Ordinance of the Prime Minister's Office or the prefectural
regulation issued based on the law: and in case he had been sentenced to a
heavier penalty than a fine, the date on which the term for execution of his
punishment had expired on or the date on which he has been released from the
execution of his punishment.
Whether or not the hunting permit had been cancelled under the provision of
Article 8 paragraph 1 of the Law: in case it has been cancelled, the name of
the prefectural governor who cancelled it and the date on which it had been
cancelled.
If the person intends to obtain class B or C hunting licenses, the number
and the date of issue of the permit under Article 4, Paragraph 1, Sub-paragraph
(1) of the Law Regulating the Possession of Guns, Swords and Others (Law No. 6
of 1958), received at the time of the application with respects to the
possession of hunting tackle provided for by Article 6, Sub-paragraph (1).
(Hunters' Badge)
Article 8
A person who has been afforded the hunting permit shall bear the badge
provided for in Article 4 paragraph 3 of the Law (hereinafter referred to as
"hunter's badge") on the breast.
(Hunting season)
Article 8-2
The hunting season of game shall be from 1 November every year to 15
February next year; and in Hokkaido from 1 October every year to 31 January
next year.
Article 9
A person, who intends to obtain the approval specified in Article 12
Paragraph 1 of the Law, shall, in case where he intends to do hunting for the
purpose of extermination of the game, Tobi (Black-eared Kite), Dobato (Dove),
Saru (Japanese Monkey) and Hakubishin (Paguma lavata) by other hunting means
than those specified in Article 3 Paragraph 1 No. 1 or for the purpose of
extermination of birds and animals in aerodromes which might cause interference
over the safety of aircraft; in case where he intends to do hunting for the
purpose of extermination of Hiyodori (Brown-eared bulbul) with hunting tackle
specified in Article 6 No. 1; in case where he intends to capture Mahiwa
(Siskin), Uso (Japanese Bullfinch), Hojiro (Japanese Meadow Bunting), Hibari
(Skylark), Mejiro (Japanese White-eye), Yamagara (Varied Tit), or Uguisu
(Japanese bush-warbler), for the purpose of breeding with other hunting means
than those specified in Article 3, Paragraph 1 No. 1, submit the written
application stating the matters specified in each of the following items
accompanied by the document certifying the reason for such hunting or
collection to the prefectural governor and in any other cases, to the
Director-General of the Environment Agency:
Address, profession, full name, and date of birth of the applicant;
Species and quantity of game to be caught or of eggs to be collected;
Purpose, period, area, and means of hunting or of collection as well as the
matters and methods of study in case of scientific researches;
In case where it is intended to catch the game or to collect the egg in the
places or within the game area specified in each item of Article 11 of the Law,
said purpose.
If the hunting tackles referred to under Article 6, (1) are used for the
catch, the number and the date of issue of the permit provided for in the
regulation under Article 4, Paragraph 1, Sub-paragraph (1) of the Law
Regulating the Possession of Gun, Swords and Others which the applicant has
already received at the time of application with respects to the possession of
the hunting tackle concerned.
(Term of validity of breeding permit of game)
Article 10
The breeding permit specified in Article 13 of the Law (hereinafter referred
to as "game breeding permit") shall be issued for each of game upon
the application of any person who intends to breed, transfer, or obtain by
transfer any game which have been caught with the approval specified in Article
12 of this Law.
The term of validity specified in the preceding paragraph may be renewed
upon application.
(Report on change of address etc.)
Article 11
In case where any person who has obtained the hunting permit, approval
specified in Article 12, Paragraph 1 of the Law, or the game breeding permit,
has changed his address or name, he shall submit a report thereof within two
weeks to the administrative agencies under whose jurisdiction he is placed.
In case where any person who attended at the hunters' school and completed
the course has changed his address or name, he shall report to the effect (in
case where he changed the address and new address is placed under the
jurisdiction of the governor of other prefecture, the type of school, address,
name, date of birth and date of removal) to the governor of prefectural who
administers the site where he lives.
(Report on loss of hunting license etc.)
Article 12
Any person who has obtained the hunting license, the hunter's badge, the
certificate of completion of hunter's school course, the permit specified in
Article 12, Paragraph 2 of the Law (hereinafter referred to as "the game
hunting permit") or the game breeding permit (hereinafter referred to as
"game license") and lost the same, shall state the reason thereof and
report it without delay to the administrative agency concerned which granted
it.
(Re-delivery of hunting license, etc.)
Article 13
A person who has obtained the hunting license (exclusive of a certificate of
completion of hunter's school course) when he lost or damaged it, may ask for
re-delivery of it.
A person who has been delivered the certificate of completion of hunter's
school course, when he lost or damaged it or when it is deemed necessary
specifically to take re-delivery of it, he may apply for re-delivery of it.
(Report on hunting etc.)
Article 14
Any person who has obtained the hunting license (exclusive of the
certificate of completion of hunters' school course and hunters' badge, the
same shall apply in this article) shall return, in case of the hunting license,
within thirty days from the day when the hunting season specified in Article
8-2 has expired and when the hunting permit was cancelled or lost its validity,
it shall be returned as soon as possible and in case of the game hunting permit
or game breeding permit, within thirty days since they lost their validity,
hunting license and others shall be returned to the administrative agency which
delivered them.
A person who has obtained the hunting license and others shall report the
number of game caught by prefecture and species (the person who has obtained
the game hunting permit shall report the number of game caught or eggs
collected by species and the outline of disposition), within the period of
returning hunting license and others specified in the preceding paragraph to
the administrative agencies which delivered them.
Article 15
Abolished
(Establishment of sanctuary)
Article 16
The sanctuary, in case where of the area of the district of such
establishment, the State-owned land shall not cover more than fifty per cent
and the district shall not extend over two prefectures, shall be established by
the governor of prefecture and in any other case, by the Director-General of
the Environment Agency; provided in case where it is specially necessary for
protection and propagation of game and of the area of the district of such
establishment, the State-owned land shall not cover more than fifty per cent
and the district shall not extend over two prefectures, the Director-General of
the Environment Agency may establish it.
(Application for establishment of the sanctuary)
Article 17
The application for approval under the provision of Article 1-4, Paragraph 5
of the Law which shall apply mutatis mutandis in Article 8-2, Paragraph
4 of the Law shall be made by submittance of a written application stating the
following matters accompanied by a map showing the area and location of the
game area concerned a protocol specified in Article 53 with respect to the
establishment of game area and a copy of the reply of the prefectural nature
conservation council to the Director-General of the Environment Agency.
Title of the sanctuary;
District of the sanctuary;
Area of the land classification which is to be incorporated into the
district of the sanctuary of water surface;
Term of existence;
Condition of habitat of wildlife for the past three years and the outline of
the land condition before these years which is to be incorporated in to the
sanctuary;
Matters with respect to the compensation under the provision of Article 8-2,
Paragraph 7;
How to protect and propagate the game;
Matters with respect to the expenses required for establishment and
maintenance of the sanctuary;
How to control;
Application for approval for abolition of sanctuary or the alteration of the
district specified in Article 1-4, Paragraph 5 of the Law which shall be
applied mutatis mutandis to Article 8-2, Paragraph 4 of the law shall be
made by submittance of a document stating the reason thereof to the Director-General
of the Environment Agency (in case where there is a region to be newly
registered as a result of alteration of the district, a document stating the
reason thereof accompanied by a map indicating the district of the region and
the location, a document stating the matters listed in Nos. 2, 3, 5 of the
preceding paragraph and 6 with respect to the district, the protocol of Article
53 with respect to alteration concerned and a copy of a reply of prefectural
nature conservation council).
(Notification)
Article 18
The Director-General of the Environment Agency or the prefectural governor
shall issue notification of the title, the district and the term of existence
in case where he has established the sanctuary or of the purpose in case where
he has abolished the sanctuary of the title, the district or the term of
existence concerned in case where he as changed the title, the district or the
term of existence of the sanctuary or of the term of existence with respect to
the renewal concerned in case where has renewed the term of existence.
(Establishment of sign)
Article 19
A person who has established the sanctuary shall establish the sign
necessary to indicate the district of the sanctuary.
(Application of mutatis mutandis to the special sanctuary)
Article 19-2
The provisions of the preceding 3 Articles shall apply mutatis mutandis
to the special sanctuary.
(Case where the approval specified in Article 8-2, Paragraph 5 of the Law
is not necessary)
Article 20
The acts specified under the proviso of Article 8-2, Paragraph 5 of the Law
shall be as follows.
Filling up or reclamation of water surface less than one hectare in total
(exclusive of those designated by the designator of the special sanctuary);
With respect to single tree selective cutting or the number of standing
trees and bamboos, thinning of less than 20 per cent or weeding or improvement
cutting for tending;
Establishment of residence and its annexed structures.
(Application for approval)
Article 21
A person who intends to obtain the approval specified in Article 8-2,
Paragraph 5 of the Law shall submit a written application stating the following
matters accompanied by a map indicating the location to the Director-General of
the Environment Agency or the prefectural governor.
Full name of the applicant and the owner or the title and address;
Location and lot number;
Purpose of filling up of water surface or reclamation, cutting of standing
trees and bamboos or establishment of structures;
In case of filling up of water surface or reclamation, its outline and cost,
in case of felling of standing trees and bamboo, age, number of trees and
bamboos by species or its outline, growing stock and the price of standing
trees and bamboos to be felled;
The or the may give his order to the applicant of the preceding paragraph to
submit other documents deemed necessary than the document specified in the same
paragraph.
Article 22
A person who intends to make claim for compensation specified in Article
8-2, Paragraph 7 of the Law shall submit a written application accompanied by a
written estimate on loss thus suffered therefrom to the Director-General of the
Environment Agency or the prefectural governor.
Article 23
Abolished
(Notification of establishment of the temporary hunting prohibited are
and establishment of its sign)
Article 24
In case where he has established the temporary hunting prohibited area in
accordance with the provision of Article 9 of the Law shall make notification
of its title, district and term of existence as well as to establish the sign
necessary for showing the district without delay.
(Gun hunting prohibited district)
Article 25
The provision of the preceding article shall apply mutatis mutandis to the
gun hunting prohibited area.
(Definition of park)
Article 26
Park specified by the Director-General of the Environment Agency or other
similar place as referred to in item (4) of Article 11 of the Law shall be any
garden ground made with a view to give comfort to general public and enclosed
with fence or sign as distinguished from other area such as special sanctuary
referred to in Article 18, Paragraph 1 of the Natural Parks Law (Law No. 161 of
1957), and park and green area approved as city planning facilities specified
in Article 4, Paragraph 5 of City Planning Law.
(Permission of selling, etc.)
Article 27
Any person who intends to obtain the permission in accordance with the
provision of the proviso of Article 13-2 of the Law shall submit a written
application stating the items listed below to the Director-General of the
Environment Agency:
Residence, occupation, full-name, date of birth of seller (as for a
juridical person, residence and title);
Species number, and address;
Reason for which application is made for permission;
(Procedure for establishment of game area)
Article 28
Application for approval specified in the Article 14, Paragraph 1 of the Law
shall be made by submission of a written application stating the items listed
below accompanied by the game area control regulation, a map showing the
district and location of the game area and a document certifying the consent
specified in Article 14, Paragraph 4 of the Law and a document stating an
estimated cost with respect to establishment of the game area to the Director-General
of the Environment Agency.
Matters stated in Article 17, Paragraph 1 No. 2 and No. 5 and in case of
trust of business with respect to maintenance and control of the game area, its
purpose;
Establishment of facilities of protection and propagation of game, project
plan with respect to artificial propagation and liberation of birds and animals
in the authorized year (from 16 April every year to 15 April of following year.
The same shall apply hereinafter) to which the day of establishment belongs.
Estimated number of hunters entered (by kind of permit) and game captured
(by species) by month in one hunting season.
The application for approval specified in Article 14, Paragraph 1 of the Law
with respect to suspension of hunting in the game are and abolition of the game
area and abolition of the game area shall be made by submission of a document
stating its reason to the Director-General of the Environment Agency.
Article 29
The provision of Article 19 shall apply mutatis mutandis to the game
area.
(Game area control regulation)
Article 30
In accordance with the provision of Article 8 No. 11 of the Cabinet Order
for the Implementation of Wildlife Protection and Hunting Law (Cabinet Order
No. 254 of 1953. Hereinafter referred to as "Order"), the matters to be
specified in the game area control regulation shall be as follows.
Matters with respect to the establishment of necessary facilities for
breeding and propagation of game;
Matters with respect to artificial propagation of game or liberation
thereof;
Matters with respect to designation of hunting prohibited district;
Matters with respect to restriction of bag;
Matters with respect to restriction of hunting means or hunting tackles;
Matters with respect to compensation for loss by game in the game area;
Article 31 - 37
Abolished
(Report on change in the game area control regulation)
Article 38
A person who has established the game area, in case where he has changed
other matters in the game area control regulation than those specified in
Article 9 paragraph 1 of the Order, shall report to the effect to the
Director-General of the Environment Agency without delay.
(Notification of the term of existence etc.)
Article 39
The Director-General of the Environment Agency in case where he has approved
the establishment of the game area, shall make notification of the items listed
below. The same shall apply to the change in the matters thus notified.
Title of the game area;
Location of the office;
District of the game area;
Term of existence of game area;
Admission fee for hunting;
(Report on the work in the game area etc.)
Article 40
A person who has established the game area shall submit the work report of
the game area stating the matters listed below in the authorized year concerned
within thirty days after each authorized year concerned with respect to
establishment of facilities necessary for breeding and propagation of game and
artificial propagation and liberation of game and the work plan for the
following authorized year to the Director-General of the Environment Agency.
Number of days opened for hunting;
Number of hunting applicants and hunters entered;
Number of bag by species;
A person who has established the game area in case where he has entrusted
the business with respect to maintenance and control of the game area in
accordance with the provision of Article 14 paragraph 7 of the Law, shall
report to the effect accompanied by a copy of the trust contract with respect
to the trust concerned to the Director-general of the Environment Agency
without delay.
Article 41
The Director-General of the Environment Agency in case where he has
cancelled the approval of the establishment of the game area in accordance with
the provision of Article 14, Paragraph 10 of the Law, shall make notification
to the effect.
(Joint game area)
Article 42
Any person who intends to apply for renewal of authorized term of joint game
area shall, specifying the term of renewal, submit a written application
accompanied by a document certifying consent of landowners within the limits of
such area to the Director-General of the Environment Agency not later than
three months before expiration of the time limit.
As for a joint game area, the precedents under the former provisions shall
apply thereto in addition to the provisions of the preceding paragraph.
(Passing through of a document)
Article 43
A document which shall be submitted to the Director-general of the
Environment Agency in accordance with the provision of this ministerial
ordinance shall pass through the prefectural governor except the application
under the provision of Article 45.
(Processed game which are prohibited transfer or acceptance)
Article 43-2
The processed goods specified in the provision of the ministerial ordinance
of Article 20 of the Law shall be stuffed, specimen, feather products, fur
products and processed foodstuffs.
(Processed game which are prohibited transfer or acceptance)
Article 44
The game, processed game and eggs of bird specified in the ministerial
ordinance of Article 20-2, Paragraph 1 of the Law shall be as follows:
Bird and its processed goods: Kiji (Green Pheasant), Yamadori (Copper
Pheasant) Ikaru (Japanese Grosbeak), Uso (Japanese Bullfinch), Isuka (Japanese
Crossbill), Miyamahojiro (Yellow-throated Bunting), Nojiko (Japanese Yellow
Bunting), Hojiro (Japanese Meadow Bunting), Hibari (Skylark), Mejrio (Japanese
White-eye), Yamagara (Varied Tit), Higara (Japanese Coal-tit), Oruri (Japanese
Bush Warbler), Komadori (Japanese Robin), Ojirowash (White-tailed Sea-eagle),
Owashi (Steller's Sea-Eagle), and Oshidori (Mandarin Duck) and their stuffed,
specimen and fur goods:
Animal and its processed goods: stuffed and specimen of Kitsune (Japanese
Fox) Tanuki (Raccoon Dog), Anaguma (Japanese Badger), Ten (Marten), Itachi
(Japanese Mink), Risu (Squirrel), Musasabi (Giant Flying Squirrel) and
Kamoshika (Mountain Goat); fur and fur goods of Tanuki (Raccoon Dog), Ten
(Marten) Itachi (Japanese Mink), Risu (Squirrel) Mussabi (Giant Flying
Squirrel), and Kamoshika (Japanese Serow);
Eggs of bird; eggs of each species (Except the birds specified under the
provisions of Article 2, Paragraph 1 of the Law relating to the Regulation of
Transfer of Special Birds.
(Certificate to be accompanied by the game in case of export)
Article 45
Any person who intends to take delivery of a certificate issued by the
official concerned of the Environment Agency specified in Article 20-2
paragraph 1 of the Law shall submit a written application to the chief of the
export goods inspection office.