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 importantconstituent of the ecosystems but also as that of the natural environmentas a whole, aimed at conserving the wholesome natural environment byprotecting endangered species of wild fauna and flora and at contributingtowards the maintenance of wholesome and cultured living of the people atpresent and in future.

Article 2
 

Responsibilities

1.   The National Government shall formulate and execute measures for theconservation of endangered species of wild fauna and flora whilst graspingat all times the conditions in which species (where there are subspeciesor 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 measuresfor the conservation of endangered species of wild fauna and flora accordingto natural and social conditions in each of their jurisdictions.

3.   The people shall endeavour to contribute towards the conservation ofendangered species of wild fauna and flora by co-operating with the NationalGovernment and local governments in executing the measures under thepreceding 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 concernedshall 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.

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