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 4-6, 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 20-3 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).

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