4th Report of the Market Access Ombudsman Council (March 17, 1997)

4-(1) Clarification of formula used to calculate output for fishing vessel propelling apparatus

1. Complainant: American Chamber of Commerce in Japan

2. Ministry concerned: Ministry of Agriculture, Fisheries and Forestry (MAFF)

3. Background:

In Japan, there are established rules for each type of fishing, governing fishing areas, fishing seasons, and the number, size and performance of fishing vessels, in order to preserve marine resources and to maintain order in the fishing industry.

When the Minister of Agriculture, Forestry and Fisheries determines that the construction of fishing vessels requires adjustment from the viewpoint of regulating the fishing industry and other aspects concerned with the public good, the minister has the authority to determine the number of motorized fishing vessels, maximum total tonnage, or performance standards by area of the prefecture(s) involved or by type of powered fishing vessel (Fishing Vessel Law, Article).

Under Article 3, Clause 2 of the Fishing Vessel Law, construction, modification or conversion of a fishing vessel requires a permit from the Minister of Agriculture, Fisheries and Forestry or from the prefectural governor. The type of engine to be used in the fishing vessel is set down in the "performance standards for motorized fishing vessels" (MAFF notice, July 1982) in Article 3 of the above law. These standards specify the maximum engine performance allowed by tonnage class.

The Fishing Vessel Law measures engine horsepower based on the number of cylinders and engine bore (diameter of cylinder). Specifically, the following calculation formula is set down in the rules for applying the above law.

No. of horsepower allowed for engines under the Fishing Vessel Law: CD²N where C is the constant determined by the ratio of cylinder diameter to piston stroke, D is engine bore, and N is the number of cylinders.

4. Complaint:

The Fishing Vessel Law regulates the size of the vessel and the engine's horsepower in relation to the vessel's size. In engineering terms, engine performance is defined in terms of maximum horsepower and maximum torque (see Note 1) determined by engine revolutions, fuel combustion ratio (see Note 2) and compression ratio (see Note 3). Under the Fishing Vessel Law, however, engine horsepower is calculated using a formula based on engine bore and after the fact measurement. This allows engine stroke to be lengthened (see Note 4) without relation to total engine displacement, and is suitable for Japanese engines. Other countries regulate engine size based on actual horsepower and total engine displacement. Progress in engine technology now allows engine makers all over the world to increase horsepower without physically changing engine bore, and Japan should at least adopt and make public clear standards fully capable of reflecting actual horsepower and based on engineering standards related to electronic control or total engine displacement.

Note 1: Torque is the force required moving a central rotating shaft. Used as the principal indicator, along with horsepower, of engine performance. Horsepower indicates the amount of work done within a certain time, while torque expresses the volume of the work done. Expressed as maximum torque.

Note 2: The fuel combustion ratio is the mixing ratio of air and fuel within a cylinder.

Note 3: The compression ratio is the numeral expressing the ratio of the total volume of gas enclosed within a cylinder, during the compression process in piston engines.

Note 4: Stroke refers to the maximum and minimum length of movement of a piston within a cylinder.

5. Results of deliberation:

Even though a certain amount of regulation may be required to preserve marine resources, the most effective means for achieving that end should be used. That means should also be clear and practical to foreign businesses. The ministry concerned states that it is necessary to regulate the output of fishing vessel engines, in order to preserve marine resources. But even if restrictions on engine output were necessary, the method used to calculate the output should be consistent with international standards and should be based as much as possible on objective, scientific data.

The ministry concerned is currently reviewing the method used for calculating fishing vessel engine output, and when it does so, the following measures should be taken:

(1) Review the method used for calculating output of fishing vessel engines, including the need to regulate output per se, during FY1997.

(2) Although there are no restrictions on actual horsepower, as this can easily be changed after legally required inspections, this problem is also likely to exist in other countries.

Accordingly, the systems in use in various other countries should be studied thoroughly during FY1997, and regulations compatible with international standards should be adopted. In particular, objective criteria can certainly be used for total engine displacement and they should accordingly be adopted.

(3) When new standards are established, the opinions of fisheries and fishing vessel groups should be solicited, but since this matter also involves engineering questions, opportunities should be provided to hear the opinions from as broad a range of interested persons as possible. Only then should the new standards be established.

Government decision (March 25,1997)

4-(1) Clarification of the formula used to calculate output for fishing vessel propelling apparatus

(1) The formula for calculating output for fishing vessel propelling apparatus, including where it is necessary to regulate output, will be reviewed during FY 1997.

(2) During FY 1997, the systems in use in other countries will be studied thoroughly, and in particular, regulations will be harmonized with international standards, by using objective criteria for total engine displacement.

(3) A broad range of parties, not only fisheries groups and fishing vessel associations, but also other concerned parties, will be given opportunities to present their views, as this matter includes engineering issues, and new criteria will be established taking those views into account.