Import Regulations Based on the Invasive Species Act
Interlink編集部Import Regulations under the Invasive Alien Species Act
The import regulations under the Invasive Alien Species Act are a system regulating the importation, breeding, cultivation, storage, transportation, transfer, and release of invasive alien species that could harm Japan’s ecosystem, human life and health, or agriculture, forestry, and fisheries.
The official name of the Invasive Alien Species Act is the "Act on the Prevention of Damage Caused by Specified Invasive Alien Species to Ecosystems, etc."
In international logistics practice, this regulation comes into play when importing live animals, plants, insects, fish, crustaceans, reptiles, amphibians, pets, research specimens, ornamental species, and exhibit specimens.
Freight forwarders and customs brokers should not rely solely on the product names provided by the shipper but must verify the scientific name, classification, intended use, quantity, import purpose, necessity of certificates, and the approved airport or customs office for import at an early stage.
If it is discovered after arrival that the cargo falls under the Invasive Alien Species Act, this could result in customs clearance delays, bonded storage, return shipment, disposal, additional costs, and delivery schedule delays.
Scope Covered in This Article
| Item | Contents Covered in This Article | Contents Covered in Other Articles in Detail |
|---|---|---|
| Positioning of the Invasive Alien Species Act | The basic regulatory framework for import controls aimed at preventing ecosystem damage caused by invasive alien species | Legal regulations on import and export prohibitions and restrictions in Japan |
| Main Regulatory Categories | Differences among Specified Invasive Alien Species, Undetermined Invasive Alien Species, and Species Requiring Attached Species Identification Certificates | Lists of Specified Invasive Alien Species, Undetermined Invasive Alien Species, and Species Requiring Attached Species Identification Certificates |
| Import Procedures | Species Identification Certificate, copy of Breeding and Handling Permit, notification of Undetermined Invasive Alien Species, confirmation of permitted import airports | Customs import declaration, Import Permit, bonded procedures |
| Scientific Name Verification | Practice of verifying scientific names, species names, synonyms, and taxonomic changes rather than common names, product names, or trade names | HS codes, CITES, Plant Quarantine, Animal Quarantine |
| Post-Import Management | Confirmation of breeding, cultivation, storage, transportation, transfer, release, and escape prevention measures | Breeding and Handling Permits, Specified Breeding Facilities, management of research and exhibition facilities |
| Relationship with Other Laws | Overlap with Plant Protection Act, Domestic Animal Infectious Disease Control Act, CITES, Food Sanitation Act, Feed Safety Act | Plant quarantine, animal quarantine, CITES, food import notifications |
| Logistics and Insurance Considerations | Practical handling of import prohibition, bonded storage, return, disposal, death during transport, escape, and leakage | Cargo insurance, freight forwarder liability, carrier liability |
Role Division with the Hub Article
This article is a detailed follow-up from the hub article titled “Legal Regulations on Prohibited and Restricted Cargo for Export and Import in Japan,” focusing specifically on import regulations under the Invasive Alien Species Act.
The hub article broadly organizes prohibited and restricted cargo for export and import. In contrast, this article concentrates on the confirmation of designated invasive alien species, unidentified invasive species, species requiring a certificate of species name, scientific name verification, permitted airports for import, permission for breeding and related activities, post-import management, and cross-checking with other relevant laws under the Invasive Alien Species Act.
CITES manages the international trade of endangered plants and animals, the Plant Protection Act handles plant quarantine, and the Livestock Infectious Diseases Prevention Act covers animal quarantine. The Invasive Alien Species Act aims to prevent damage to ecosystems caused by invasive species, and in practice, confirmation may overlap with these other regulatory frameworks.
Positioning of the Law
The Invasive Alien Species Act is administered mainly by the Ministry of the Environment and establishes import regulations for certain invasive species, unassessed alien species, and species requiring an attached species name certificate.
These regulations also impact customs import clearance procedures. If the cargo falls under the regulated species, additional documents such as the species name certificate, copies of breeding or handling permits, and notification or assessment-related paperwork may be required alongside the standard import declaration.
It is important to note that the Invasive Alien Species Act concerns more than just “inspection documents at the time of import.” The system also regulates post-import activities including breeding, cultivation, storage, transport, transfer, sale, and release into the wild.
Main Regulatory Categories
| Category | Import Permission Principle | Main Required Documents and Procedures | Practical Notes |
|---|---|---|---|
| Designated Invasive Species | Import is generally prohibited. However, exceptions may be made for academic research, exhibitions, education, or livelihood maintenance when a permission for breeding or similar activities is obtained. | Species name certification, copy of breeding/handling permit, transportation documents, documents on use and quantity | Postal imports are not allowed. Import without permission is prohibited. |
| Unassessed Invasive Species | Notification must be submitted before import, and an assessment must be obtained. | Notification form, information on ecological characteristics, scientific name and classification documents, documents on intended use | Assessment may take up to six months; start procedures before cargo arrival. |
| Species Requiring Species Name Certification Attachment | A species name certificate must be submitted to customs upon import. | Species name certificate, transportation documents, scientific name and quantity data | Species name must be recorded to the species level by scientific name; genus name alone is insufficient. |
These three categories require different handling. Designated invasive species are generally prohibited but may be imported exceptionally with the proper permission. Unassessed invasive species require a notification and assessment before import. Species requiring species name certification are difficult to distinguish visually from designated or unassessed invasive species, so a species name certificate must be submitted at import for confirmation.
Relationship with Prohibited and Regulated Cargo in Hub Articles
| Category | Classification in Hub Articles | Perspective under the Invasive Alien Species Act | Practical Logistics Actions |
|---|---|---|---|
| Designated Invasive Alien Species | Closely resembles cargo generally prohibited from import | Import is generally prohibited. However, import may be allowed exceptionally if a breeding or similar permit is obtained. | Confirm permit, species certification, and approved import airport prior to shipment. |
| Unassessed Invasive Alien Species | Regulated cargo requiring prior procedure | Notification and assessment before import are required. Advancing import before assessment should be avoided. | Do not proceed with booking or air loading before assessment completion. |
| Species Requiring Species Certification Attachment | Regulated cargo requiring certificate submission | Species certification must be submitted at import to verify species name and quantity. | Verify certificate issuer, scientific name, quantity, and authenticity of the original document. |
Therefore, under the Invasive Alien Species Act, it is not sufficient to simply classify cargo as “prohibited” or “requires a permit.” It is essential to first determine the applicable category, then organize the necessary documents, approved import airports, and the requirements for notifications and assessments accordingly.
Applicable Species
The species subject to the Invasive Alien Species Act include a wide range of animals and plants such as mammals, birds, reptiles, amphibians, fish, insects, crustaceans, arachnids (spiders and scorpions), mollusks, and plants.
| Example Cargo | Key Points to Verify | Documents to Check | Cautions |
|---|---|---|---|
| Aquarium Fish | Scientific name, origin, freshwater or seawater, sales purpose, quantity | Invoice, scientific name list, exporter documentation, photos | Common names may not be sufficient to identify the species |
| Insects | Adult, larva, eggs, specimen, whether live or not | Scientific name, quantity, packing list, plant quarantine documents | May require cross-checking with Plant Protection Act |
| Reptiles & Amphibians | For pets, exhibition, research, CITES status | Scientific name, CITES permit, breeding or handling permit | Both the Invasive Alien Species Act and CITES may apply |
| Crustaceans | Crawfish, shrimp, crabs; food use or ornamental | Scientific name, intended use description, food and fisheries-related documents | Must separately verify food safety, fisheries quarantine, and invasive species regulations |
| Aquatic Plants & Ornamental Plants | Scientific name, synonyms, seeds, seedlings, whole plants, whether soil is attached | Scientific name references, plant quarantine documents, species certification | May be stopped under the Invasive Alien Species Act even if cleared under the Plant Protection Act |
| Biological Specimens for Research or Exhibition | Research plan, exhibition plan, storage facilities, escape prevention measures | Research plan documents, exhibition plans, facility documentation, permits | May be regulated even if not for sale |
Importance of Scientific Name Verification
Scientific names are crucial for compliance with the Invasive Alien Species Act. General names, product names, trade names, or common names alone may be insufficient to determine whether a species falls under the categories of specified invasive alien species, unidentified invasive alien species, or species requiring a species name certificate.
Before importation, it is necessary to verify the scientific name, Japanese name, English name, classification, origin, quantity, usage, import purpose, sales destination or breeding location, and the name as stated on the certificate.
The species name certificate must include the scientific name down to the species level. Certification that only lists the genus or product name may cause issues during import procedures.
Verification of Synonyms and Taxonomic Name Changes
Scientific names of organisms may change due to taxonomic revisions. Additionally, a single organism may have multiple scientific names, known as synonyms or heterotypic synonyms.
For species regulated under the Invasive Alien Species Act, discrepancies may occur between the scientific name at the time of designation, former names, updated names, and the names listed on export country certificates. In such cases, it is risky to simply exclude the organism because the name differs from the listed scientific name.
Freight forwarders and customs brokers should verify with importers, exporters, experts, the Ministry of the Environment, and customs brokers if there are doubts about scientific names. They need to cross-check former scientific names, current names, and synonyms. This issue frequently arises in practical logistics with plants, insects, fish, reptiles, and amphibians due to name changes or alternate names.
| Verification Item | Common Issues | Reference Materials | Action |
|---|---|---|---|
| Former Scientific Name | Older certificates or export documents use outdated names | Taxonomic references, academic publications, Ministry of the Environment materials, exporter documents | Confirm if it corresponds to the current scientific name for the same species |
| Updated Scientific Name | Name on the regulatory list does not match the certificate | Taxonomic databases, academic literature, expert confirmation | Verify synonym relationships |
| Genus Name Only | Insufficient as species identification; may not meet species certification requirements | Species certification documents, export country certificates, scientific name lists | Request certificates including full species names |
| Product Name / Commercial Name | Multiple species distributed under the same product name | Product descriptions, photos, supplier documentation, scientific name references | Verify based on scientific names rather than product names |
Breeding Permit and Post-Import Management
When importing designated invasive alien species, it is required in advance to have obtained a breeding permit for purposes such as academic research, exhibition, education, or livelihood maintenance. The term breeding includes breeding, cultivation, storage, and transportation.
The breeding permit is not simply granted by submitting an application. Facilities, management systems, escape prevention measures, transportation facilities, quantity controls, and identification methods, as specified for each designated species, must meet established standards.
In practice, before import, it is necessary to verify not only the existence of the permit but also the permitted species, quantities, facilities, storage locations, transportation routes, permit conditions, and validity period.
| Items to Confirm | Details to Check | Reference Documents | Practical Notes |
|---|---|---|---|
| Purpose of Breeding | Whether the purpose qualifies for permitted categories such as academic research, exhibition, education, or livelihood maintenance | Research plans, exhibition plans, education plans, livelihood maintenance documents | New permits may be difficult for purely pet or ornamental purposes |
| Designated Breeding Facility | Escape prevention, isolation, locking, structure of containers, tanks, cages, etc. | Facility blueprints, photos, structure descriptions, management system documents | Facility standards vary depending on species |
| Transportation Facilities | Containers, routes, and management methods used for transport from the airport to facilities after import | Transportation plans, packaging specifications, vehicle and container documents | Transportation is included in breeding activities; verify consistency with permit conditions |
| Quantity Control | Whether the permitted quantity matches the imported quantity | Breeding permit, invoice, packing list, species certification | Watch for discrepancies between certified and permitted quantities |
| Identification Measures | Whether individual identification, labeling, or ledger management is required | Permit conditions, identification ledgers, management records | Individual identification issues often arise with mammals, birds, and reptiles |
| Permit Conditions | Validity period, management conditions, requirement for reporting changes or renewal procedures | Breeding permit, permit condition documents | Violations of permit conditions could lead to penalties |
Situations Where Exceptional Importation Arises for Sustaining Livelihoods, etc.
In principle, designated invasive alien species cannot be imported. However, in cases such as academic research, exhibition, education, or sustaining livelihoods, importation may be allowed exceptionally if a breeding and handling permit is obtained.
"Sustaining livelihoods" differs from importing for simply starting a new business or general sales. The purpose, facilities, management systems, and permit conditions become key issues when importation is necessary to maintain already permitted operations or ongoing business activities.
| Purpose | Examples | Documents to Verify | Points of Attention |
|---|---|---|---|
| Academic Research | Specimens for research at universities, research institutes, and testing laboratories | Research plan, breeding and handling permit, facility information | Even for research purposes, permits, facility standards, and transportation management are required |
| Exhibition | Specimens for display in zoos, aquariums, museums, etc. | Exhibition plan, facility layout, breeding and handling permit | Escape prevention measures and management systems are required even for exhibition purposes |
| Education | Biological materials for educational use at educational institutions, training centers, vocational schools, etc. | Educational plan, management system, permit documents | Educational materials are not freely importable without appropriate authorization |
| Sustaining Livelihoods | Ongoing management at permitted facilities or businesses, work related to aquaculture, exhibition, or research | Business documents, existing permits, facility management documents, import plan | Must be distinguished from new sales intentions or general pet trade |
Issuers of Species Name Certificates and Points of Verification
The species name certificate is a crucial document indicating the species name and quantity of the imported organism. It is generally issued by the government agency of the exporting country; however, in some cases, non-governmental organizations may also issue it depending on the country.
Additionally, export documents issued by foreign government agencies under CITES permits, quarantine certificates, or other international treaties and laws may sometimes be used as species name certificates. Even in such cases, it is important to verify that the scientific name includes the species level, the quantity matches, and the authenticity of the original document can be confirmed.
| Issuing Entity / Document | Potential Usability | Verification Points | Practical Notes |
|---|---|---|---|
| Government Agency of Exporting Country | Primary issuer of species name certificates | Scientific name, species name, quantity, issuing agency, issuance date, authenticity of original | Check the issuing contact via the exporter as early as possible |
| Recognized Non-Governmental Bodies | May be authorized to issue depending on the country | Whether the organization is recognized as an issuer of species name certificates | Confirm handling procedures specific to each exporting country |
| CITES Permit | Can be used as a species name certificate under certain conditions | Scientific name, quantity, exporter/importer, authenticity of original, validity | Possession of a CITES permit does not eliminate the need to check compliance with the Invasive Alien Species Act |
| Quarantine Certificates, etc. | Documents from foreign government agencies under other laws may be used | Scientific name to species level, quantity, certification contents, proof of original | Genus name alone may be insufficient |
Initial Checks in Freight Forwarding and Customs Brokerage Practice
| Check Item | Check Details | Reference Documents | Actions if Issues Arise |
|---|---|---|---|
| Is it a living organism? | Does it include animals, plants, insects, fish, crustaceans, eggs, seeds, etc.? | Invoice, Packing List, Product Description, Photos | If potential, proceed to verify scientific name |
| Scientific Name | Can the identification be confirmed by scientific name rather than common name? | Species Certification, Academic Literature, Supplier Materials | If only genus is provided, confirm the species name as well |
| Synonyms | Do old scientific names, new names, or aliases match the regulated species? | Taxonomy References, Ministry of the Environment Documents, Expert Confirmation | Do not exclude based solely on difference in scientific name |
| Regulatory Category | Is it a Specified Invasive Alien Species, Undecided Alien Species, or subject to species certification attachment? | Ministry of the Environment List, Scientific Name Resources, Expert Confirmation | Organize import eligibility and required documents according to category |
| Import Purpose | For ornamental, research, exhibition, educational, commercial, or livelihood maintenance use? | Purpose Explanation, Contracts, Research Plans, Exhibition Plans | Permission may be required even for research or exhibition purposes |
| Required Documents | Is a species certification, copy of rearing permit, notification, or assessment documents required? | Permits, Notification Forms, Certificates, Ministry of the Environment Responses | Confirm all documents before shipment |
| Import Port or Airport | Will the cargo arrive at an approved port or customs office? | Booking, AWB, B/L, Arrival Airport Information | Avoid arrival at unapproved airports |
| Other Regulations | Are plant quarantine, animal quarantine, CITES, Food Sanitation Act, etc. also applicable? | Quarantine Certificates, CITES Permits, Import Notification Documents | Do not base import eligibility solely on the Invasive Alien Species Act |
| Post-Arrival Management | Can storage, transportation, rearing locations, and escape prevention measures be confirmed? | Rearing Facility Documents, Transportation Plans, Storage Location Documents | If post-import management is insufficient, review the import plan |
Freight forwarders and customs brokers are not the final authority on compliance with the Invasive Alien Species Act. However, when handling live animals, plants, or insects, it is important to prompt the shipper to verify the scientific name, purpose, required documents, and approved import airports.
Points to Note for Import Procedures
The import of designated invasive alien species is generally prohibited. However, import may be permitted if the shipper has obtained permission for breeding or similar activities for purposes allowed under the law, such as academic research, exhibition, education, or livelihood maintenance.
Even in these cases, at the time of import, it is necessary to submit to customs documents such as a species identification certificate issued by the exporting country’s government agency or a copy of the breeding permission certificate.
For species not yet determined as invasive alien, prior notification and classification by the authorities is required. For species requiring a species identification certificate, this certificate must be submitted at import and verified to include the scientific name down to the species level.
Verification of Customs Offices and Airports Permitted for Import
Under the Invasive Alien Species Act, the airports allowed for import may be restricted depending on the category of the species.
Airports authorized for the import of designated invasive alien species and species requiring a Species Certificate are limited to Narita International Airport, Chubu Centrair International Airport, Kansai International Airport, Fukuoka Airport, and Kagoshima Airport.
Therefore, if targeted species arrive by sea or at airports other than the designated ones, import customs clearance may not be possible as is. Particularly for air shipments, selecting the arrival airport based solely on transport cost or lead time might not comply with the procedural requirements under the Invasive Alien Species Act.
| Check Item | Check Details | Reference Materials | Action if Issues Arise |
|---|---|---|---|
| Species Category | Is it a designated invasive alien species, subject to Species Certificate attachment, or an unclassified invasive species? | Ministry of the Environment list, scientific name references, certificates | Confirm airport and procedures according to category |
| Scheduled Arrival Airport | Will the shipment arrive at a designated airport? | AWB, booking details, airline guidance | If outside designated airports, review transport routing |
| Import Declaration Customs Office | Is the customs office capable of handling import clearance for the targeted species? | Advance confirmation with customs and customs brokers | Confirm in advance with customs, Ministry of the Environment, and customs brokers |
| Bonded Transport | Is bonded transport planned for arrival at undesignated airports or declaration at different customs offices? | Bonded transport plan, customs confirmation | For live cargo, also consider time, temperature control, and escape prevention |
| Postal Imports | Is there an attempt to import via postal service? | Shipping method, invoice, transport conditions | For species not permitted via postal imports, consider alternative transport methods |
Notification and Pending Determination for Unassessed Invasive Alien Species
When importing invasive alien species that have not yet been assessed, it is necessary to submit a prior notification to the competent minister and obtain a determination. Upon submission, an evaluation is conducted to assess the potential risk of harm to ecosystems and other factors.
If the assessment concludes that there is no risk of harm, importation may be permitted. Conversely, if a risk of harm is determined, the species will be designated as a specified invasive alien species, and its importation will generally be prohibited.
| Stage | Description | Logistics Considerations | Actions if Issues Arise |
|---|---|---|---|
| Import Planning Stage | Confirm whether the species potentially qualifies as an unassessed invasive alien species | Begin verification before cargo shipment | Hold booking if there is potential applicability |
| Document Preparation | Organize scientific names, ecological characteristics, use, quantity, and reference materials | Obtain documentation from the supplier as early as possible | Review import schedule if documentation is insufficient |
| Notification Submission | Submit notification addressed to the Minister of the Environment and the Minister of Agriculture, Forestry and Fisheries | Confirm details with consultation desk prior to submission | Avoid transportation before notification |
| Awaiting Determination | Wait for the review by the competent minister | Plan with the assumption that assessment may take up to six months; schedule cargo to remain in the country of origin | Do not rely on bonded storage upon arrival in Japan |
| Determined Importable | If determined not to pose a risk, proceed with import procedures | Reconfirm compliance with other regulations, transport routes, and customs offices | Double-check plant quarantine, animal quarantine, and CITES requirements |
| Designated as Specified Invasive Alien Species | If determined to pose a risk, importation is generally prohibited | Continuing transport arrangements may result in return or cancellation costs | Organize contract cancellations, transport cancellations, and cost liabilities |
Unassessed invasive alien species cannot simply await determination after arriving in Japan. Prior notification and assessment before import are required. Advancing transportation before determination entails risks such as bonded storage, returns, disposal, and cancellation costs.
Main Required Documents
| Document | Main Contents | Notes | Contact for Confirmation |
|---|---|---|---|
| Species Name Certification | Certificate indicating the species name and quantity of the imported organism | Must include the scientific name down to the species level | Importer, Exporter, Issuing Authority in Exporting Country |
| Copy of Permit for Breeding, etc. | Document proving permission to breed or handle designated invasive species | May be required when importing designated invasive species | Importer, Ministry of the Environment, Customs Broker |
| Advance Notification and Assessment Documents for Undetermined Invasive Species | Documents for prior notification and assessment of undetermined invasive species | Procedures must be completed before import | Importer, Ministry of the Environment, Ministry of Agriculture, Forestry and Fisheries |
| Invoice / Packing List / AWB / B/L | Standard shipping and customs clearance documents | Check consistency of product name, quantity, scientific name, and importer information | Exporter, Freight Forwarder, Customs Broker |
| Scientific Name, Intended Use, and Import Purpose Documentation | Documents explaining the classification, use, and import purpose of the organism | Common names alone may be insufficient | Importer, Research Institutions, Supplier |
| CITES Permit | Permit concerning species regulated under the Washington Convention | May be required separately from the Invasive Alien Species Act | Exporter, Importer, CITES Management Authority |
| Plant and Animal Quarantine Documents | Certificates related to the Plant Protection Act, Livestock Infectious Disease Prevention Act, etc. | Must be confirmed alongside the Invasive Alien Species Act | Plant Quarantine Office, Animal Quarantine Service, Exporting Country Authorities |
Deficiencies in certification documents or errors in scientific names can cause customs clearance delays or import rejection. In particular, always confirm that the scientific name on the species name certificate includes the species level.
Relationship with Other Laws and Regulations
Cargo subject to the Invasive Alien Species Act may also fall under other import regulations. For example, animals may require quarantine under the Act on Domestic Animal Infectious Diseases Control, plants may be subject to quarantine under the Plant Protection Act, rare plants and animals may be regulated under CITES, and cargo related to food or feed may require checks under the Food Sanitation Act or the Feed Safety Act.
| Relevant Law / System | Main Targets | Relation to Invasive Alien Species Act | Points to Check in Practice |
|---|---|---|---|
| Plant Protection Act | Plants, seeds, fruits, seedlings, timber, plants with soil, etc. | Even if compliant with the Invasive Alien Species Act, import may be prohibited due to plant quarantine | Confirm import conditions, inspection requirements, and prohibited items with the Plant Protection Station |
| Act on Domestic Animal Infectious Diseases Control | Cattle, sheep, goats, pigs, wild boars, poultry, livestock products, animal-derived items, etc. | May be subject to animal quarantine | Check designated quarantine items, import-restricted regions, and whether sanitary certificates are required |
| Rabies Prevention Act | Dogs, cats, raccoons, foxes, skunks, etc. | Import quarantine may be required separately from the Invasive Alien Species Act | Confirm microchip implantation, rabies prevention measures, and waiting/quarantine period |
| CITES / Washington Convention | Rare plants and animals, live specimens, leather, timber, processed products, etc. | Export/import permits or approvals may be required separately from the Invasive Alien Species Act | Do not skip Invasive Alien Species Act checks even if a CITES permit is obtained |
| Food Sanitation Act | Animals and plants imported as food, seafood, processed products, etc. | Food import notifications may be required for commercial imports intended for sale or business use | Verify food import notifications for edible organisms, processed goods, and frozen seafood |
| Feed Safety Act | Feed, pet food, animal feed, etc. | Check feed and pet food regulations depending on the intended use | Differentiates live feed, feed ingredients, and pet food for sale |
| Customs Act | Import declarations, prohibited items, compliance with other laws | Customs confirms completion of other regulatory procedures | Confirm other regulatory procedures are completed before import permission |
Compliance with the Invasive Alien Species Act alone does not complete the import eligibility check. Depending on the species, usage, and import purpose, other laws and regulations must also be checked concurrently.
Relationship with Cargo Insurance and Freight Forwarder Liability
Issues such as import prohibition under the Invasive Alien Species Act, customs clearance holds, and the necessity of return or disposal, generally differ from accidental physical damage occurring during transportation.
Therefore, import denial due to documentation errors under the Invasive Alien Species Act, incorrect scientific names, incorrect designated import airports, or failure to file required notifications, are usually not covered under standard marine cargo insurance.
On the other hand, occurrences during transport such as death, temperature deviations, container damage, leakage, or escape require separate verification depending on the insurance terms, transport contract, and nature of the cargo.
| Type of Issue | Main Cause | Practical Classification | Parties to Confirm |
|---|---|---|---|
| Import Prohibition under the Invasive Alien Species Act | Designated invasive species, failed notification, defective certificates, arrival at non-designated airport | Regulatory non-compliance issue, to be treated separately from physical damage | Importer, customs broker, Ministry of the Environment, customs authorities |
| Bonded Storage, Return, and Disposal Costs | Customs clearance halt, documentation errors, pending determinations | Confirm cost responsibility based on contracts between importer, seller, and freight forwarder | Importer, seller, freight forwarder, warehouse |
| Death or Damage during Transport | Temperature deviations, poor ventilation, container damage, transport accidents | Check if covered by cargo insurance or carrier liability according to insurance terms and accident cause | Insurance company, carrier, freight forwarder, cargo owner |
| Escape or Leakage | Poor packaging, container damage, mishandling | Possible issues with legal violations, environmental risks, and liability of carrier and cargo owner | Cargo owner, carrier, Ministry of the Environment, customs authorities, insurance company |
The freight forwarder is not in a position to legally determine applicability under the Invasive Alien Species Act. However, when handling live animals, plants, insects, etc., it is important to advise the cargo owner on checking scientific names, required documentation, arrival airports, and compliance with other regulations, to proactively explain logistic risks caused by documentation deficiencies or transport route errors.
Penalties and Risk of Violations
Violations of the Invasive Alien Species Act can result in severe penalties, not just minor paperwork issues. Importing designated invasive species without permission may lead to penalties imposed on both individuals and corporations.
| Example of Violation | Example Penalty for Individuals | Example Penalty for Corporations | Practical Notes |
|---|---|---|---|
| Importing designated invasive species without permission | Up to 3 years imprisonment or a fine up to 3 million yen | Fine up to 100 million yen | Confirm possession of breeding permits and species certification before import |
| Importing unassessed invasive species without permission | Up to 1 year imprisonment or a fine up to 1 million yen | Fine up to 50 million yen | Avoid arranging transport before notification and assessment completion |
| Selling or distributing to persons without permission | Up to 3 years imprisonment or a fine up to 3 million yen | Fine up to 100 million yen | Verify recipients and buyers after import |
| Breeding etc. without permission for sale or distribution purposes | Up to 3 years imprisonment or a fine up to 3 million yen | Fine up to 100 million yen | Storage and transport after import are also considered breeding activities |
| Releasing, planting, or sowing outdoors without permission | Up to 3 years imprisonment or a fine up to 3 million yen | Fine up to 100 million yen | Escape or leakage is treated as a significant environmental risk |
The presence and applicability of penalties vary depending on the species involved, the nature and purpose of the act, permission status, and whether individuals or corporations are involved. In actual logistics practice, freight forwarders should not determine penalties themselves. Instead, upon indication of violation risk, it is essential to consult with importers, customs brokers, specialists, or relevant authorities.
Common Practical Issues
| Case | Common Issues | Documents to Check | Practical Measures |
|---|---|---|---|
| Ornamental fish or insects appear acceptable under common names | Scientific names reveal they fall under designated invasive species or require species name certification | Scientific name, classification, quantity, purpose, photos | Do not judge by common name alone; verify using scientific names |
| Customs clearance blocked due to incomplete species name certificates | Scientific name missing species level, quantity mismatch, or unverifiable authenticity | Species name certificate, export country certificate, transport documents | Before shipment, confirm issuing authority, content, scientific names, quantity, and authenticity |
| Shipment held for extended periods awaiting judgment on unclassified invasive species | Judgment may take up to six months | Notification forms, ecological characteristic data, scientific name data | Do not ship cargo to Japan before judgment is completed |
| Arrival at non-designated airport or port results in clearance refusal | Import is restricted to specific airports for certain species | AWB, booking details, arrival airport information, regulation category | Confirm arrival airport and customs office before booking |
| Overlap between CITES-listed species and invasive species law species | CITES permit alone does not fulfill invasive species law requirements | CITES permit, species name certificate, scientific name data | Confirm CITES and invasive species law requirements as separate regulations |
| Passes plant quarantine but blocked under invasive species law | Plant Protection Act and Invasive Species Act have different objectives and targets | Plant quarantine documents, scientific names, species name certificates | Do not determine import eligibility based solely on plant quarantine |
| Misunderstanding that research use excludes sale-related regulations | Permissions and species name certificates may still be required for research, education, and display | Research plans, exhibition plans, permits for keeping, facility documents | Verify regulatory categories and permits even if the purpose is non-commercial |
| Inadequate post-import storage and transport planning | Issues arise not only from import documents but also from post-import management including housing, storage, transport, and escape prevention | Housing facility documents, transport plans, storage location documents | Confirm post-import management systems before shipment |
| Attempt to import via international postal mail | Designated invasive species and those requiring species name certificates cannot be imported via postal mail | Waybills, transport methods, species classification | Confirm transport methods, arrival airport, and customs clearance procedures in advance |
| Certificates issued under outdated scientific names | Scientific names on regulation lists do not match, leading to mistaken exemption | Species name certificate, classification documents, synonym data | Verify that old names, current names, and synonyms refer to the same species |
Comparison Table of Involvement Scope for Freight Forwarders and Customs Brokers
| Category | Supportable Actions | Actions to Avoid Making Definitive | Practical Measures |
|---|---|---|---|
| Scientific Name Verification | Request the shipper to provide the scientific name, certificates, and usage documentation | Deciding exclusion based solely on the common name | Encourage confirmation of scientific name, species name, and synonyms |
| Regulation Category Confirmation | Clarify the possibility of designated invasive species, undetermined invasive species, or requirement for species name certification | Unilaterally judging the final applicability under the Invasive Alien Species Act | Confirm with the importer, customs broker, Ministry of the Environment, and experts |
| Import Route Confirmation | Verify arrival airport, AWB, booking details, and transport method | Informing that clearance is possible at undesignated airports by any means | Adjust transport routes to align with approved import airports |
| Document Verification | Check for species name certification, copies of permits, CITES permits, and quarantine documents | Assuming import is allowed solely because certificates are present | Confirm issuing authority, scientific name, quantity, authenticity of originals, and consistency with other laws |
| Response to Undetermined Invasive Species | Explain to the shipper that notification and determination may require significant time | Advising that the determination can be waited for after arrival | Avoid arranging transportation before the determination is made |
| Cargo Insurance and Cost Responsibility | Delineate between non-compliance with regulations and transport-related incidents | Assuming that costs related to import prohibition are automatically covered by marine cargo insurance | Individually confirm insurance terms, contractual liabilities, and cost responsibilities |
Common Misunderstandings
| Common Misunderstanding | Actual Consideration | Practical Notes |
|---|---|---|
| It's okay to import if the common name seems fine | Under the Invasive Alien Species Act, scientific names, species names, classification, and synonym checks are essential | Do not rely solely on product or trade names |
| Research purposes allow free import | Even for research use, permits for breeding or handling, species name certificates, and facility management may be required | Verify the research plan and permit conditions |
| If a CITES permit is obtained, the Invasive Alien Species Act is unnecessary | CITES and the Invasive Alien Species Act are separate systems with different objectives | Check rare species controls and invasive species regulations separately |
| No issues under plant quarantine means no problem with the Invasive Alien Species Act | The Plant Protection Act and Invasive Alien Species Act are different regulatory frameworks | Confirm compliance with both plant quarantine and the Invasive Alien Species Act |
| A species name certificate is sufficient if it includes only the genus | Species name certificates must include the scientific name down to the species level | Avoid certificates listing genus only or just product names |
| Using bonded transport from non-designated airports presents no issues | Specific invasive species and those requiring species name certificates are restricted to certain approved airports | Confirm arrival airport before booking |
| Waiting for species determination after arrival is acceptable for undetermined invasive species | Pre-import notification and species determination are required | Do not proceed with transport prior to determination |
| Having a permit means post-import management is not a concern | Permit conditions include obligations for facilities, quantities, transport, storage, and measures to prevent escape | Verify post-import management systems as well |
| Small insects or seeds can be sent by mail | Designated invasive species and those requiring species name certificates cannot be imported via postal services | Confirm transport method in advance |
| Costs due to stoppages under the Invasive Alien Species Act are always covered by marine cargo insurance | Non-compliance with regulations differs from incidents occurring during transport | Review marine cargo insurance, sales contracts, and freight forwarder liability separately |
Freight Forwarder Decision Checklist
| Checkpoint | Contact | Verification Items | Action if Issues Arise |
|---|---|---|---|
| Upon Acceptance | Shipper, Importer, Sales Representative | Includes live animals, plants, insects, fish, crustaceans, eggs, seeds, etc. | If applicable, confirm scientific name, purpose, and quantity |
| Before Booking | Importer, Overseas Shipper, Airline, Customs Broker | Arrival airport, mode of transport, use of postal services, temperature control | If airport is not designated, change the routing |
| Before Shipment / Air Loading | Importer, Exporter, Customs Broker | Type certification, copies of breeding permits, CITES permits, quarantine documents | Stop shipment if any documents are missing |
| During Scientific Name Verification | Importer, Exporter, Experts, Customs Broker | Scientific name, species name, old/new scientific names, synonyms, quantity | If scientific names are unclear, request certificate reissue or expert confirmation |
| If Potentially Undecided Invasive Species | Importer, Ministry of the Environment, Ministry of Agriculture, Forestry and Fisheries, Customs Broker | Notification requirements, assessment period, submission documents, transport start date | Do not proceed with transport arrangements until assessment is complete |
| If Potentially a Designated Invasive Species | Importer, Ministry of the Environment, Customs Broker | Breeding permits, target species, quantity, facilities, transport plan | If no permit, share the risk of import prohibition |
| When Checking Other Laws | Plant Protection Station, Animal Quarantine Station, CITES-related organizations, Customs Broker | Plant quarantine, animal quarantine, CITES, Food Sanitation Act, Feed Safety Act | Confirm procedures related to laws other than the Invasive Species Act concurrently |
| Before Import Declaration | Customs Broker, Customs, Importer | Certificates, copies of permits, transport documents, scientific names, quantity consistency | If inconsistencies exist, correct or reissue before declaration |
| When Customs Clearance is Suspended | Importer, Customs Broker, Customs, Ministry of the Environment, Warehouse | Reason for suspension, additional documents, storage conditions, possibility of return/disposal | Share bonded storage costs, additional fees, and cargo condition with stakeholders |
| In Case of Accident, Escape, or Leakage | Importer, Carrier, Warehouse, Ministry of the Environment, Insurance Company | Cause of accident, cargo condition, legal response, insurance terms, liability scope | Separate transport accidents from regulatory non-compliance in review |
Example 1: Case of Ornamental Fish Listed Under Common Names
The invoice may list the fish under general ornamental fish names, which at first glance appear to be ordinary pet fish. However, when verified by scientific name, some may fall under the category of designated invasive alien species or require a Species Name Certificate.
In such cases, it is important not to rely solely on common or product names but to verify the scientific name, quantity, origin, intended use, and buyer. If the trade name used by the exporter does not match the regulated name on the Japanese list, synonyms and former scientific names should also be checked.
If the species is identified as regulated only after shipment, there may be insufficient time to verify arrival at the designated airport, obtain the Species Name Certificate, secure permits for breeding or handling, and other required legal documents, leading to risks such as bonded storage, return shipment, or disposal.
Example 2: Case Where the Scientific Name on the Species Certificate Includes Only the Genus
Even if a species certificate is submitted, if the scientific name is listed only up to the genus level, the species cannot be confirmed, which may cause issues during import procedures.
For example, if the certificate shows only the genus name, only the product name, or an outdated scientific name, customs may not be able to verify whether the organism is subject to regulation. The same applies if the quantity does not match the invoice or packing list.
In such cases, prior to shipment, the issuer of the certificate, the scientific name, species name, quantity, and authenticity should be verified. If there are any deficiencies, request reissuance of the certificate or obtain supplementary documentation.
Example 3: Cases of Importing Organisms for Research Purposes
Even organisms imported for research, exhibition, or educational purposes are not exempt from the import regulations under the Invasive Alien Species Act. If the organism falls under the category of a designated invasive alien species, requirements such as breeding permits, species certification, designated airports for import, and post-import facility management become relevant.
For instance, when universities or research institutions import organisms for experimental use, it is necessary to verify the research plan, breeding facilities, escape prevention measures, transportation methods, and quantity controls.
In such cases, the importer should communicate to the customs broker or freight forwarder not only that the purpose is research but also provide information on the regulated species, permitted quantities, facility standards, and transportation plan.
Specific Example 4: Case of Arrival at a Non-Designated Airport
Prioritizing air freight rates and schedules may lead to arrival at a non-designated airport, which could result in non-compliance with procedures under the Invasive Alien Species Act and prevent import customs clearance as is.
Designated invasive alien species and those requiring a certificate of species identification are limited to import through specified airports. If there is a possibility the cargo falls under such species, the arrival airport and the customs office for import declaration should be confirmed before booking.
In this case, confirmation with the customs broker, customs office, Ministry of the Environment, and airline should have been completed before shipment to arrange a route arriving at the designated airport.
Example 5: Case of Proceeding with Transportation Arrangements Before Determination of Undecided Invasive Species
There are cases where transportation arrangements proceed without waiting for notification and determination, despite the possibility that the cargo falls under an undecided invasive species.
Undecided invasive species require notification and determination before import. Since the determination process may take up to six months, if the cargo is shipped to Japan before the determination is complete, issues such as bonded storage, return shipping, and cancellation costs may arise.
In this case, the cargo should have been held in the export country until the determination result was received before proceeding with transportation arrangements.
Practical Considerations
Under the Invasive Alien Species Act import regulations, determining applicability based solely on common names is not possible, making verification of scientific names essential. Certificates of species name must include the scientific name down to the species level.
Incomplete documentation or errors in scientific names can lead to customs clearance delays or import prohibitions. Since regulated species lists are subject to change, the latest version should be confirmed at each import.
Designated invasive alien species and those requiring attached species name certificates are restricted to import through specified airports. Undetermined invasive alien species may require up to six months from notification to determination, so checks must be conducted before import rather than after cargo arrival.
In addition to the Invasive Alien Species Act, concurrent verification of Plant Quarantine, Animal Quarantine, CITES, Food Sanitation Act, and Feed Safety Act regulations is necessary. Violations could result in import refusal, return, destruction, or penalties.
Freight forwarders and customs brokers should avoid definitive legal judgments on applicability, and instead advise the shipper to confirm scientific names, required documentation, authorized airports for import, and compliance with other regulations. It is also important to remember that management extends through post-import handling, including breeding, storage, transportation, transfer, and release.
Summary
The Invasive Alien Species Act is a regulatory framework in Japan that controls the import, breeding, cultivation, storage, transportation, transfer, and release of invasive alien species that may harm Japan’s ecosystem, human life and health, or agriculture, forestry, and fisheries.
Upon import, it is necessary to determine whether the species falls under the categories of Specified Invasive Alien Species, Unassessed Invasive Alien Species, or Species Requiring a Species Name Certificate. Specified Invasive Alien Species are generally prohibited from import, but exceptions may apply if import permission for breeding or related purposes is obtained for academic research, exhibition, education, or livelihood maintenance.
Unassessed Invasive Alien Species require prior notification and assessment before import, which may take up to six months. For Species Requiring a Species Name Certificate, a certificate indicating the species name and quantity must be submitted to customs at the time of import.
It is critical to confirm species status based on the scientific name, taxonomy, synonyms, intended use, quantity, and purpose of import—not just the common name. Besides the Invasive Alien Species Act, parallel verification under other regulations such as the Plant Protection Act, Act on Domestic Animal Infectious Diseases Control, CITES, Food Sanitation Act, and Feed Safety Act should also be conducted.
Freight forwarders and customs brokers should avoid making definitive legal determinations and instead encourage shippers to confirm the scientific name, required documentation, permitted airports for import, and check compliance with other applicable laws. Document deficiencies or import refusals under the Invasive Alien Species Act are generally not covered under standard marine cargo insurance and should be treated separately from incidents occurring during transport.
