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Table 3.17 Exemptions under the Anti-Monopoly Act and individual laws
Relevant ministries and agencies: Ministry of Health, Labour, Welfare
Legislation: Act on Coordination and Improvement of Environmental Health Industry
System: Cartels to prevent excessive competition

Starting in 2011, a new scheme, Direct Payment for Environmentally Friendly Farming, was implemented which replaced an earlier scheme of the same name which had operated since 2007. The new scheme extended the objectives and requirements for qualifying for the payments to address global warming and biodiversity. In FY2013, a total area of 51,114 ha received an average payment of ¥60,295 per ha. In FY2012, 216,000 farmers were certified as eco-farmers and qualified for Direct Payments for Environmentally Friendly Farming.

In FY2000, a direct payment programme for farmers in hilly and mountainous areas was introduced to encourage farmers to continue production, and address environmental concerns relating to abandonment such as flooding, erosion, and stability of hillsides. Payment rates depend on the slope of the land and the type of production from ¥21,000 per 0.1 ha for paddy fields in high inclination areas to ¥1,500 per 0.1 ha for pasture. In FY2008, the scheme covered 665,000 ha and 641,751 participants.

Total support notified under the Green Box has fluctuated considerably over the past few years from ¥1,522.9 billion in FY2010 to ¥2,094.2 billion in 2004, with a sharp increase in FY2011 attributed to reconstruction and rehabilitation following the earthquake. In FY2012, infrastructural services along with disaster rehabilitation made up nearly half of the total spending while direct payments under various headings (rice conversion programme and others under environmental programmes, payments on historical bases, and regional assistance) accounted for about a sixth, while expenses of government officials and official agricultural statistics accounted for another tenth of the total (Chart 4.3).

Overall responsibility for national fisheries' policies lies with the Fisheries Agency in MAFF, while prefectural governments are responsible for local issues, such as management of local fisheries' resources. Regarding important policy decision-making, the Fisheries Policy Council (national level), the Regional Fisheries Coordination Committees (at regional level), and the Sea Area Coordination Committees (at prefectural level) are consulted for opinions depending on the nature of the issue.

The main laws concerning the fisheries sector are:
• Fisheries Law of 1949 (revised in 1962 and last amended in 2007) which sets out basic rights to fisheries and licensing requirements for individuals and management entities;
• Basic Law on the Fisheries Policy of 2001 (last amended in 2008) which provides for measures to ensure sustainable exploitation, stability of supply, protection of the marine environment, and the basis for amendments of related legislation;
• Fisheries Cooperative Association Law of 1948 (last amended in 2007) which sets out the legal framework for the Fisheries Cooperation Associations;
• Law to Ensure Sustainable Aquaculture Production of 1999 (last amended in 2005) which addresses environmental concerns associated with aquaculture;
• Act on the Exercise of the Sovereign Right for Fishery, etc. in the Exclusive Economic Zone of 1996 (last amended in 2001);
• Act on Preservation and Control of Living Marine Resources of 1996 (last amended in 2007) which sets out the legal basis for establishing the total allowable catch (TAC) and total allowable effort (TAE);
• Act on the Protection of Fishery Resources of 1951 (last amended in 2010) which provides for measures to protect marine resources, such as closure of fishing grounds, and catch and gear restrictions, as well as measures to address pollution.

Policy for the fisheries sector is set out in the Basic Plan for Fisheries which was formulated in 2012 following earlier plans such as the Basic Fisheries Plan of 2002 that was further developed in 2007. The Basic Plan sets out multiple objectives for the sector and fishing communities, based on four axes:
• Reconstruction of damage caused by the Great East Japan Earthquake;
• Sustainable use of resources through resource management and sustainable aquaculture;
• Promotion of consumption based on foods' safety, quality, and promotion; and
• Improved safety and livelihood of fishing communities.

The average duty on imports of fish and fish products is 6.2% with a maximum rate of 15% and a standard deviation of 3.7 – which indicates that there is not much variation among tariffs. In addition, other market access measures apply to several species:
• For some tuna and tuna-like species, such as bluefin tuna, southern bluefin tuna and bigeye tuna, Japan has import control systems, including import approval and acknowledgements for imports which, according to the authorities, are in accordance with the conservation and management measures of some tuna regional fisheries management organizations (RFMOs) such as the International Commission for the Conservation of Atlantic Tuna (ICCAT) and the Commission for the Conservation of Southern Bluefin Tuna (CCSBT); and
(...)

The average duty on imports of fish and fish products is 6.2% with a maximum rate of 15% and a standard deviation of 3.7 – which indicates that there is not much variation among tariffs. In addition, other market access measures apply to several species:
(...)
• Import quotas apply to several other species, including herring, cod, mackerel, sardines, and saury. According to the authorities, these measures complement its management of coastal fisheries' resources, including TACs which apply to some of these species.

The Fisheries Research Agency (FRA), an incorporated administrative agency, was established in 2001 as an independent body by incorporating nine National Fisheries Research Institutes. In 2003 it took over the duties of the Japan Marine Fishery Research Centre, and the Japan Sea-Farming Association, and, in 2006, the National Salmon Resources Centre. The FRA is responsible for research into many aspects of capture and aquaculture as well as monitoring fishing stocks. In 2009, following a request from the Fisheries Agency, it published "The Grand Design of Fisheries and Resources Management in Japan".