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to take action to permit safe passing, the overtaking vessel under the Paragraph 2 or 3 of Article 13
shall indicate her intention of overtaking by sounding the appropriate signal on the whistle. In this
case, the vessel to be overtaken shall, if in agreement, sound the appropriate signal on the whistle
to indicate the agreement and take steps to permit safe passing of the overtaking vessel.
(Sailing Vessels)
Article 12.
When two sailing vessels are approaching one another, so as to involve risk of collision, one of
them shall keep out of the way of the other as follows: However, this shall not apply to the cases
where the Paragraph 3 of Article 9, the Paragraph 7 of Article 10 or the Paragraph 2 or 3 of Article
18 is applicable.
(1) when each has the wind on a different side, the vessel which has the wind on the port side shall
keep out of the way of the other;
(2) when both have the wind on the same side, the vessel which is to windward shall keep out of the
way of the vessel which is to leeward;
(3) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with
certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep
out of the way of the other.
(Overtaking)
Article 13.
Notwithstanding other provisions of this Law, any vessel overtaking any other shall keep out of
the way of the vessel being overtaken until she is finally past and clear.
2. A vessel shall be deemed to be overtaking when coming up with another vessel from a direction
more than 22.5 degrees abaft her beam (at night, in such a position that she would be able to see
neither of the sidelights under the Paragraph 2 of Article 21 of the vessel).
3. When a vessel is in any doubt as to whether she is overtaking another, she shall assume that she
is overtaking.
(Head-on Situation)
Article 14.
When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to
involve risk of collision, each shall alter her course to starboard so that each shall pass on the port
side of the other. However, this shall not apply to the cases where the Paragraph 3 of Article 9, the
Paragraph 7 of Article 10 or the Paragraph 1 or the Paragraph 3 of Article 18 shall be applicable.
2. Such a situation as provided in the preceding Paragraph shall be deemed to exist when a
power-driven vessel sees the other power-driven vessel ahead or nearly ahead and by night she
could see the two masthead lights under the item (1) of Paragraph 1 of Article 23 of the other in a
line or nearly in a line or both sidelights under the item (2) of the same Paragraph and by day she
observes the corresponding aspect of the other vessel.
3. When a power-driven vessel is in any doubt as to whether such a situation as provided in the
Paragraph 1 exists, she shall assume that it does exist.
(Crossing Situation)
Article 15.
When two power-driven vessels are crossing so as to involve risk of collision, the vessel which
has the other on her own starboard side shall keep out of the way and shall, if the circumstances of
the case admit, avoid crossing ahead of the other vessel.
2. The proviso of the Paragraph 1 of the preceding Article shall mutatis mutandis apply to the
cases where two power-driven vessels under preceding Paragraph are crossing.
Maneuver)
Article 27.
A vessel not under command (except the vessels to which the Paragraph 4 or the Paragraph 7 of
Article 24 are applicable; hereafter the same in this Paragraph) shall exhibit lights or shapes in
accordance with the following; however, a vessel not under command of less than 12 meters in
lengh when underway needs not exhibit the lights and shapes:
(1) two all-round red lights in a vertical line where they can best be seen;
(2) when making way through the water; sidelights (for a vessel of less than 20 meters in length,
sidelights or a two-color light) and a sternlight as neraly as practicable at the stern;
(3) two balls or similar shapes in a vertical line where they can best be seen.
(Definitions)
Article 32.
The word "whistle" in this Law means any sound signalling appliance capable of producing the
short blasts and prolonged blasts prescribed in this Law.
her ability to maneuver, a vessel constrained by her draft (except a vessel being towed by another
power-driven vessel) and a power-driven vessel engaged in towing or pushing another vessel shall,
when underway, sound at intervals of not more than 2 minutes one prolonged blast followed by
two short blasts.
(Definitions)
Article 2.
The term "traffic route" as used in this Law shall mean the sea area specified by the Cabinet Order
as a route to be used by vessels in the sea areas listed in the annexed table, and the names of the
traffic routes are as shown in the same table.
2. For the purpose of this Law, the terms in the following items shall have such meanings as are
defined in each item:
(1) The word "vessel" shall mean any water craft used as a means of transportation on water;
(2) The term "huge vessel" shall mean any vessel of two hundred meters or more in length;
(3) The term "vessel engaged in fishing or other operations" shall mean any vessel specified in each
of the following sub-items:
a. A vessel engaged in fishing;
b. A vessel which is specified by the Ministry of LIT Ordinance as that not in a position to keep out
of the way of an approaching vessel with ease because it is engaged in construction or similar
operations and which carries the lights or markings required by the Ministry of LIT Ordinance.
3. The meanings of the terms "vessel engaged in fishing", "length" and "whistle" as used in this
Law shall be those of the same terms provided for in Article 3 Paragraph 4 and Paragraph 10 and
Article 32 Paragraph 1 of the Law for Preventing Collisions at Sea (Law No. 62 of 1977).
3. For the application of the provisions of the preceding two paragraphs, vessels described in each
of the following items shall not be deemed as navigating the traffic route along the course of such
route:
(1) Vessels which are navigating the traffic route along the course of such route but not in conformity
with the modes of navigation prescribed in Article 11, Article 13, Article 15, Article 16, Article 18
(excluding Paragraph 4) or Article 20 Paragraph 1 of this Law;
(2) Vessels which are navigating the traffic route along the course of such route but not in conformity
with the modes of navigation which are different from those specified in the preceding item (1) if
such different modes have been provided for under Article 26 Paragraph 2 or Paragraph 3 of this
Law.
(Indication of Destination)
Article 7.
Vessels (other than those not equipped with a whistle and those prescribed by the Ministry of LIT
Ordinance) which intend to enter a traffic route from outside of the traffic route or go outside from
the traffic route, or cross such traffic route, shall indicate their destination by giving the signal as
specified in the Ministry of LIT Ordinance.
Provided that this shall not apply to the case where there are unavoidable reasons for the
prevention of marine accident or the rescue of human life or other vessels.
(Prohibition of Anchorage)
Article 10.
Within the traffic routes, no vessel is allowed to anchor (the words "to anchor" shall include any
moorage to the vessel lying at anchor; hereafter the same): Provided that this shall not apply to the
case where there are unavoidable reasons for the prevention of marine accident or the rescue of
human life or other vessels.
(2) The works for which the application has been made are deemed to eliminate the risk of
constituting an obstacle to ships' traffic if the works are carried out in conformity with the
conditions attached to the permission;
(3) The works for which the application has been made are deemed to be such as are carried out
unavoidably for public benefit such as relief of disaster, and for just a temporary period of time.
3. The Commandant of the Japan Coast Guard may, when he deems it necessary in granting
permission under Paragraph 1 of this Article, fix the effective period of time of the permission
(this shall apply only to provisional or temporary structures, with respect to the works mentioned
in item (2) of the same paragraph), and may attach to the permission such conditions as are
necessary for preventing obstacles to ships' traffic excluding a case under the item (1) of the
preceding paragraph.
4. The Commandant of the Japan Coast Guard may, when particular need has arisen for preventing
or removing obstacles to ships' traffic, change the conditions attached under the preceding
paragraph or attach additional conditions.
5. The Commandant of the Japan Coast Guard may revoke the permission or suspend the validity
of the permission, when the person who has obtained the permission under Paragraph 1 of this
Article has violated the conditions mentioned in the preceding two paragraphs or when there has
arisen particular need for preventing or removing obstacles to ships' traffic.
6. Any person who has obtained permission under Paragraph 1 of this Article shall, when the
effective period of permission has expired or when the permission has been revoked under
Paragraph 5, immediately remove the strucrure or take other steps to restore to the original state.
7. In case a Government agency or a local public body (including the Port Authority prescribed
under the Port and Harbor Law: hereafter the same) intends to take steps referred to in each of the
items of Paragraph 1 (excluding steps mentioned in the proviso of the paragraph), the permission
under Paragraph 1 shall be deemed to be granted when agreement is reached between the
Government agency or local public body and the Commandant of the Japan Coast Guard.
8. With respect to the steps mentioned in Paragraph 1 item (1), when the steps are to be taken in
the vicinity of the harbor limits specified in the Port Regulations Law, permission under Paragraph
1 of this Article is not required if permission under the provision of Article 31 Paragraph 1 of the
Port Regulations Law(including cases where the same provisions shall mutatis mutandis apply
under Article 37-3 of the same Law) has already been obtained; and permission under Article 31
Paragraph 1 of the same Law(including cases where the same provision shall mutatis mutandis
apply under Article 37-3 of the same Law) is not necessary if permission under Paragraph 1 of this
Article has already been obtained.
(Construction Works, etc. in Sea Areas Other Than Traffic Routes and
Their Adjacent Sea Areas)
Article 31.
Any preson coming under any of the items enumerated below shall report in advance to the
Commandant of the Japan Coast Guard to the effect that the works mentioned in each of the items
will be conducted: Provided that this shall not apply to ordinary maintenance work, minor work or
other works prescribed in the Ministry of LIT Ordinance.
(1) Any person who intends to conduct construction or similar operations in the sea areas other than
the areas mentioned in Paragraph 1 item (1) of the preceding Article ;
(2) Any person who intends to set up a structure in the sea areas mentioned in the preceding item
(excluding such sea areas as duplicated with the port and harbor areas prescribed in the Port and
Harbor Law).
2. The Commandant of the Japan Coast Guard may, when the operations on which report has been
made under the preceding paragraph come under any one of the following items, prohibit the
person who has made the report from conducting the operations or impose restrictions on the
operations or may direct him to take necessary steps, within the limit necessary for prevention of
danger to ships' traffic, for the period within thirty days reckoning from the day when the
aforesaid report was made:
(1) The operations on which the report has been made are considered likely to cause danger to ships'
traffic;
(2) If the operations on which the report has been made are those for setting up a mooring facility, the
ships' traffic relating to the mooring facility is considered likely to cause danger to other ships'
traffic.
3. The Commandant of the Japan Coast Guard may, when the report of Paragraph 1 has been made
and when there is need for conducting an on-the-spot investigation, or when there are justifiable
reasons for his having been unable to take the steps mentioned in the preceding paragraph within
the period fixed in the paragraph, postpone the period so long as the reason exists. In this case, the
person who has made report under Paragraph 1 within the period shall be notified of the
postponement of the period with the reasons therefor.
4. A Government agency or local public body shall, when it intends to take the steps mentioned in
each of the items of Paragraph 1 (excluding the steps referred to in the proviso of the paragraph),
notify the Commandant of the Japan Coast Guard to that effect, following the same procedure as
shall be taken when the report is made under the paragraph.
5. The Commandant of the Japan Coast Guard may, when the notification under the preceding
paragraph has been made and when the operations of which the notification has been made fall
under any one of the items of Paragraph 2, request the Government agency or local public body to
take steps necessary to prevent danger to ships' traffic. In this case, the Government agency or
local public body shall consult with the Commandant of the Japan Coast Guard as to the steps to
be taken.
6. With respect to the operations mentioned in Paragraph 1 item (1) of this Article which are
conducted in the vicinity of the harbor limits under the Port Regulations Law, it is not required to
make report prescribed in Paragraph 1 when permission under Article 31 Paragraph 1 of the same
Law (including cases where the same provisions shall be applicable mutatis mutandis under
Article 37-3 of the same Law) has been obtained.
(1) Any person who has performed the works in violation of the provisions of Article 30 Paragraph 1;
(2) Any person who has violated the conditions attached by the Commandant of the Japan Coast
Guard under Article 30 Paragraph 3 or the conditions altered or attached by the Commandant
under Paragraph 4 of the Article;
(3) Any person who has not taken steps to remove the sturcture or restore to the original state in
violation of Article 30 Paragraph 6;
(4) Any person who has performed the operations mentioned in each of the items of Paragraph 1 of
the preceding Article in violation of the provision of the same paragraph.
pushed the object) to remove such vessel or take steps (excluding the steps which may be ordered
to take under the provisions of Article 42-7 of the Law Relating to Prevention of Marine Pollution
and Maritime Disaster when the case comes under the provisions) necessary to prevent danger to
ships' traffic.
(Delegation of Authority)
Article 37.
Matters falling within the purview of the Commandant of the Japan Coast Guard in accordance
with the provisions of this Law may be performed by the Commander of each regional coast guard
headquarters as provided for in the Ministry of LIT Ordinance.
2. The Commander of a regional coast guard headquarters may, as provided for in the Ministry of
LIT Ordinance, cause the chief of a coast guard office or other office of the regional headquarters
to perform part of the matters delegated to him under the preceding paragraph.
(Interim Measures)
Article 39.
In enacting, amending or abolishing the Cabinet Order or Ministry of LIT Ordinance under the
provisions of this Law, required interim measures (including the interim measures relating to the
penal provisions) may be fixed either by the Cabinet Order or Ministry of LIT Ordinance within
the limit considered reasonably required, with the enactment, amendment or abolishment of the
Cabinet Order or Ministry of LIT Ordinance.
Article 40.
Any person coming under any one of the following items shall be punished with imprisonment at
forced labor for not exceeding three months or a fine not exceeding thirty thousand yen (\30,000):
(1) Any person who has committed an act which constitutes a violation of the provisions of Article
10;
(2) Any person who has committed an act which constitutes a violation of the direction or
restricrtions by the Commandant of the Japan Coast Guard under Article 14 Paragraph 3
(including cases where the same provisions shall be applicable mutatis mutandis under Article 18
Paragraph 4) or Article 26 Paragraph 1;
(3) Any person who has violated the instructions given by the Commandant of the Japan Coast Guard
under Article 23;
(4) Any person who has violated the provisions of Article 30 Paragraph 1;
(5) Any person who has violated the conditions attached by the Commandant of the Japan Coast
Guard under Article 30 Paragraph 3 or the conditions altered or attached by the Commandant
under Paragraph 4 of the Article;
(6) Any person who has violated the steps taken by the Commandant of the Japan Coast Guard under
Article 31 Paragraph 2, Article 32 or Article 33 Paragraph 3;
(7) Any person who has violated the provisions of Article 33 Paragraph 1.
Article 41.
Any person who has committed an act which constitutes a violation of the provisions of Article 4,
Article 5, Article 9, Article 11, Article 15, Article 16 or Article 18 Paragraph 1 or Paragraph 2,
shall be punished with a fine not exceeding fifty thousand yen (\50,000).
Article 42.
Any person coming under any one of the following items shall be punished with a fine not
exceeding thirty thousand yen (\30,000):
(1) Any person who has committed an act which constitutes a violation of Article 7 or Article 27
Paragraph 1;
(2) Any person who has violated the provisions of Article 22;
(3) Any person who has violated the provisions Article 30 Paragraph 6 or Article 31 Paragraph 1.
Article 43.
When the representative of a corporation or the proxy, employee or other worker of a corporation
or person has committed a violation of Article 40 Item (4) to Item (6) inclusive or Item (3) of the
preceding Article in connection with the business of the corporation or person, not only the person
who has committed the violation but also the corporation or person concerned shall be punished
with the fine prescribed in each of the articles involved.
Supplementary Provisions (Omitted)
Annexed Table
Names
of
Routes
Uraga
Suido
Route
Traffic The sea area extending from the south of Naka-no-Se in Tokyo Wan to
the offing of Kurihama Wan
Naka-no-Se
Traffic The Sea area lying on the eastern side of Naka-no-Se, Tokyo Wan
Route
Irago
Suido
Route
Akashi Kaikyo Traffic Akashi Kaikyo
Route
Bisan Seto East Traffic The Portion of Seto Naikai which extends form the offing of Jizo Saki of
Route
Shodo Shima to the area between O-Yo Shima and Ko-Sei Shima
through the area between Te Shima and Ogi Shima
Uko East Traffic Route The portion of Seto Naikai which extends from the south of Kojin Shima
to the west of Naka Se
Uko West Traffic Route The portion of Seto Naikai which extends from the east of O-zuchi
Shima to the offing of Shinzai-no-Hana
Bisan
Seto
Traffic Route
North The portion of Seto Naikai which extends from the area between O-Yo
Shima and Ko-Sei Shima to the area between Sanagi Shima and
Futaomote Shima and which lies on the northern side of Ushi Shima and
Takami Shima
Bisan
Seto
South The portion of Seto Naikai which extends from the area between O-Yo
Traffic Route
Shima and Ko-Sei Shima to the area between Futaomote Shima and Awa
Shima and which lies on the southern side of Ushi Shima and Takami
Shima
Mizusima Traffic Route The portion of Seto Naikai which extends from Mizushima Ko through
the west of Katsura Shima, east of Nozi Syoto and from Mizushima Ko
to the north of Shami Shima through the west of the area between Yo
Shima and Hon Shima
Kurushima
Kaikyo The portion of Seto Naikai which extends from the area between OShima
Traffic Route
(2) Cabinet Order for the Enforcement of the Maritime Traffic Safety
Law (Cabinet Order No.5 of 1973 as amended through Cabinet Order
No.176 of 1984)
Areas Where
Applicable Sea
Areas Are Located
Tokyo Wan
Ise Wan
Seto Naikai
(Sea Areas Which Are Not Normally Navigated by Vessels Other Than
Fishing Vessels)
Article 2.
The sea areas prescribed by the Cabinet Order under Article 1 Paragraph 2 item (4) of
the Law shall be the sea areas which are included in those sea areas as mentioned in
Annexed Table No.1 and which are other than those provided for in item (1) to item
(3) inclusive of the paragraph.
(Traffic Routes)
Article 3.
The sea areas specified in the Cabinet Order referred to in Article 2 Paragraph 1 of the
Law shall be the sea areas given in Annexed Table No.2.
(Sea Areas Where Vessels Under Oars, etc. Shall Carry Prescribed
Lights)
Article 6.
The sea areas specified by the Cabinet Order referred to in Article 28 Paragraph 1 of
the Law shall be those areas in the applicable sea areas, which are not traffic route.
(3) Regulations for the Enforcement of the Maritime Traffic Safety Law
(Ministry of Transport Ordinance No.9 of 1973 as amended through
Ministry of Transport Ordinance No.86 of 2000)
Chapter I. General Provisions
(Definitions)
Article 1.
The terms used in this Ministerial Ordinance shall have the same meanings as those of
the same terms used in the Maritime Traffic Safety Law (Law No.115 of 1972;
heresafter referred to as "the Law").
2. The terms in the following items shall have such meanings as are defined in each of
the items for the purpose of this Ministerial Ordinance:
(1) "all-round light", "short blast" or "prolonged blast" shall mean "all-round light",
"short blast" or "prolonged blast" which are defined respectively in Article 21
Paragraph 6, Article 32 Paragraph 2 and Paragraph 3 of the Law for Preventing
Collisions at Sea (Law No.62 of 1977).
(2) "ammunition", "high pressure gas", "inflammable liquid" or "organic peroxide" shall
mean "ammunition", "high pressure gas", "inflammable liquid" or "organic peroxide"
which are defined respectively in Article 2 item (1) of the Rules for the Carriage and
Storage of Dangerous Goods in Ships (Ministry of LIT Ordinance No.30 of 1957).
(1) Two green all-round lights visible at a distance of at least 2 miles which are placed,
where they can best be seen, in a vertical line not less than 2 meters apart (1 meter
apart in the case of vessels of less than 20 meters in length);
(2) Three shapes of which the highest shall be a white diamond and the two lower shall
be red balls placed, where they can best be seen, in a vertical line not less than 1.5
meters apart (in the case of vessels of 20 meters or more in length, each shape shall be
not less than 0.6 meter in diameter).
Article 4.
The section of traffic routes prescribed by the Ministry of LIT Ordinance referred to
in Article 5 of the Law, shall be as shown in the middle column of the following table
for each traffic route mentioned in the left column of the table, and the speed of a
vessel prescribed by the Ministry of LIT Ordinance referred to in the Article for the
sections, shall be as shown in the right column of the table:
Name of
Traffic Route
(T.R.)
Uraga Suido
12 knots
12 knots
12 knots
Bisan Seto
12 knots
East T.R.
T.R.
Naka-no-Se
T.R.
Irago Suido
T.R.
North T.R.
12 knots
South T.R.
12 knots
12 knot
(Indication of Destination)
Article 6.
The indication of destination under Article 7 of the Law shall be made by vessels
other than those not equipped with a whistle and vessels other than those of less than
100 gross tons, which are specified in the left column of Annexed Table No.2, by
means of the signals prescribed in the right column of the Table.
(T.R.)
Uraga
Section of the traffic route, between Entering the traffic route from
Suido T.R.
one from the northwestern extremity outside from the route (only in the
(3518'32"N,13944' 36"E) of
extremity.
traffic route.
Bisan Seto
East T.R.
R.
06'33"N,13259'37"E) or the
line drawn at 10from
Su-no-Saki (3407'10"N,132
59'44"E) on Uma Shima.
In the daytime
Meaning of signal
At night
station
Irago Suido T.R. One white flash One white Vessels of 130 meters or more in
Control Signal
every two
Station (3434'
seconds or a
two
35"N,137
01'10"E)
upwards
route.
One red flash
One red
every two
seconds or a
two
black square
seconds
3. In case of the preceding paragraph, the method of signalling, when the method of
signalling under the paragraph cannot be used owing to a trouble of the signalling
apparatus, etc., shall be as shown in the left column of the following table with the
meanings of signals as given in the right column of the table:
Method of signalling
Location where
Meaning of signal
In the daytime
At night
In the vicinity of
International
Morse
Code Flag L
Codes
under First
RZS by
intending to navigate
Light (34
Substitute
signal
light
32'44"N,136
59'21"E)
Morse
Code Flag L
Codes
under Second
Light (34
Substitute
signal
light
34'34"N,137
01'09"E)
Remarks: There are cases where light signals may be used in the daytime due to
weather conditions or other reasons.
Meaning of signal
In the
station
daytime
At night
T.R.Mitsugoshima Control
degrees
22'07"N,13349'33"E and
3422'06"N,13349'31"E)
International
Morse
Vessels of 70 meters or
Code Flag L
Codes
Huto-Nozi Shima
under First
RZS by
Substitute
signal
light
Mizushima T. R. are
26'41"N,13345'21"E)
Morse
Vessels of 70 meters or
Code Flag L
Codes
under Second
Substitute
signal
light
Mizushima T. R. are
required to wait outside of
the traffic route.
International
Morse
Vessels of 70 meters or
Code Flag L
Codes
under First
RZS by
22'45"N,13349'35"E)
Substitute
signal
light
Mizushima T. R. are
required to wait outside of
the traffic route.
International
Morse
Vessels of 70 meters or
Code Flag L
Codes
under Second
Substitute
signal
light
Mizushima T. R. are
required to wait outside of
the traffic route.
Remarks : There are cases where light signals may be used in the daytime, due to
weather conditions or other reasons.
vessel has lchinose Hana on Tsu Shima or Ryujin Shima on her beam until she is
finally past and clear Nishi Suido;
(3) In the case mentioned in Article 21 Paragraph 1 item (2) of the Law:
Three prolonged blasts on the whistle at frequent intervals from the time when the
vessel has Kuru Shima or Ryujin Shima on her beam until she is finally past and clear
Nishi Suido.
3. The sea areas to be prescribed by the Ministry of LIT Ordinance referred to in
Article 21 Paragraph 2 of the Law shall be those areas (excluding the area of
Kurushima Kaikyo Traffic Route) which are surrounded by the line drawn from the
extremity (3403'22"N,13301'22"E) of the right bank at the estuary of Soja Kawa
to Take-no-Hana on O Shima, by the lines drawn from Ago-no-Hana on Oge Shima
to Kajitori-no-Hana and to Miya-no-Hana on O Shima, respectively, and by
shorelines.
(4) Organic peroxides (only those whose amount is 200 tons or more):300 gross tons
Gunpowder and gunpowder equivalence
Quantity to be converted
into one ton of
explosives
Gunpowder
Fire articles (including
2 tons
Ball cartridges or blank
2,000,000 rounds
50,000 pieces
250,000 pieces
Detonating fuses
50 kilometers
Other materials
2 tons
that a gas check has already been conducted and there is no danger of fire or
explosion shall be deemed as a vessel carrying dangerous goods, for the purpose of
the Law.
(8) If the vessel is towing or pushing a long object (as mentioned in Article 22 Paragraph
3 of the Law; hereafter the same), the distance between the bow of the towing vessel
and the rear edge of the object being towed or the distance between the stern of the
pushing vessel and the fore edge of the object being pushed; and description of the
object.
3. 1n case there has arisen urgent necessity of navigating the traffic route or in case
the Commander of a Regional Coast Guard Headquarters or the Chief of a Traffic
Advisory Service Center listed in each item of the next Paragraph for the respective
traffic routes, considers it unavoidable that the advance report prescribed in the
preceding two paragraphs could not be given, it shall be sufficient if the master of a
huge vessel or other particular vessel gives an advance report on the matters specified
in each item of the preceding Article, notwithstanding the provisions of the preceding
two paragraphs.
4. The report prescribed in each of the preceding paragraphs shall be given to the
Commander of a Regional Coast Guard Headquarters or the Chief of a Traffic
Advisory Service Center mentioned in each of the following items for each traffic
route to be navigated, in accordance with the methods prescribed in Notification by
the Commandant of the Japan Coast Guard:
(1) Uraga Suido Traffic Route or Naka-no-Se Traffic Route
Tokyo Wan Traffic Advisory Service Center
(2) Irago Suido Traffic Route
4th Regional Coast Guard Headquarters (in Nagoya)
(3) Akashi Kaikyo Traffic Route
Osaka Wan Traffic Advisory Service Center
(4) Bisan Seto East Traffic Route, Uko East Traffic Route,
Uko West Traffic Route, Bisan Seto North Traffic Route,
Bisan Seto South Traffic Route or Mizushima Traffic Route
Bisan Seto Traffic Advisory Service Center
(5) Kurushima Kaikyo Traffic Route
Kurushima Kaikyo Traffic Advisory Service Center
The matters to be included in the instructions relating to the operation of huge vessels
or other particular vessels, under Article 23 of the Law shall be those listed in the
following items:
(1) Change in the estimated time of entering the traffic routes;
(2) Speed of a vessel in the traffic routes;
(3) Matters related to restrictions on navigation in the traffic routes under limited
visibility;
(4) As for a vessel having her own ship radio station, maintenance of communications
with the Japan Coast Guard by radio from the time three hours prior to the estimated
time of entering the traffic route until the time of going outside of the traffic route;
(5) As for a huge vessel, maintenance of sufficient under keel clearance;
(6) As for a huge vessel of 250 meters or more in length or a huge vessel carrying
dangerous goods, arrangement of vessels for guarding the course;
(7) As for a huge vessel or a vessel carrying dangerous goods, arrangement of vessels
for assisting the navigation;
(8) As for a vessel of 50,000 gross tons or more carrying dangerous goods (or a vessel of
25,000 gross tons or more if the dangerous goods is liquefied gas), arrangement of
vessels equipped with fire fighting facilities;
(9) As for a vessel towing or pushing a long object, arrangement of vessels for guarding
the sides;
(10) Besides those enumerated above, such other matters as are necessary for the
operation of a huge vessel or other particular vessel.
2. The Commandant of the Japan Coast Guard shall establish standards in the contents
of instruction concerning matters to be instructed under item (6), item (8) or item (9)
of the preceding paragraph and issue Notification of the standards.
Any person desiring to have a vessel designated under Article 4 of the Cabinet Order
for the Enforcement of the Maritime Traffic Safety Law (Cabinet Order No.5 of 1973;
hereafter referred to as "the Cabinet Order") shall forward to the Commander of the
Regional Coast Guard Headquarters having jurisdiction over the address of the person
(hereafter referred to in this Section as "the Commander of the competent regional
headquarters") a written application in the form appended hereto.
2. The Commander of the competent regional headquarters may, when an application
under Article 4 of the Cabinet Order has been made and when he deems it necessary,
require the applicant to present a Ship Nationality Certificate, Ship Inspection
Certificate and other papers testifying to matters related to the vessels concerned.
Article 18.
The user of an Emergency Ship shall, when there has been any change in the matters
mentioned in Paragraph 1 item (2) and item (3) of the preceding Article, apply for
re-writing of his certificate by forwarding without delay to the Commander of the
competent regional headquarters (in case his address has changed to a place in another
coast guard region, to the Commander of the Regional Headquarters), a written
application stating the change, together with the Emergency Ship Designation
Certificate.
Lights
Markings
A green all-round
of vessel
Huge vessels
regular intervals
Vessels
carrying
to be visible at a
Substitute.
dangerous
distance of at least 2
goods
Requirements
A green light
A red light
A combined lantern
work is to be carried out, two copies of a written application stating the matters
enumerated in the following items:
(1) Name and address of the person or name of a representative in the case of a juridical
person;
(2) Type of the proposed work;
(3) Purpose of the proposed work;
(4) Location related to the proposed work;
(5) Method of carrying out such work;
(6) Description of steps to be taken to prevent interference with ships' traffic, which
might be caused by the proposed work;
(7) Estimated date of commencement and completion of the proposed work;
(8) As for the person mentioned in Article 30 Paragraph 1 item (1), those matters which
are listed in the following sub-items:
a. Name and address of the field representative;
b. Description of a vessel to be used in carrying out the proposed work.
(9) As for the person mentioned in Article 30 Paragraph 1 item (2) of the Law,
description of the structure related to the proposed work.
2. The written application of the preceding Paragraph shall be accompanied by a plan
showing the location of the proposed work, together with a ground plan, cross-section
and structural plan related to the proposed work.
(3) Work to establish a gas structure (applicable only to the submarine pipes and their
accessary equipments) for gas work under the Gas Enterprise Law (Law No.51 of
1954) and to establish an electric structure (applicable only to the electric circuits,
water pipes and equipments attached to these) for electric work under the Electric
Enterprise Law (Law No.170 of 1964).
(Reporting)
Article 27.
Any person intending to make report under Article 31 Paragraph 1 of the Law shall
forward to the Commander of the Regional Coast Guard Headquarters through the
Chief of the Coast Guard Office or the Chief of the Maritime Guard and Rescue
Office which has jurisdiction over the area related to the work for which such report is
made, two copies of written report stating the matters enumerated in the following
items:
(1) Matters mentioned in Article 25 Paragraph 1 item (1) to item (5) inclusive and item
(7) ;
(2) Description of steps to be taken to prevent interference with ships' traffic, which
might be caused by the proposed work;
(3) As for the person mentioned in Article 31 Paragraph 1 item (1) of the Law, matters
mentioned in Article 25 Paragraph 1 item (8);
(4) As for the person mentioned in Article 31 Paragraph 1 item (2) of the Law, matters
mentioned in Article 25 Paragraph 1 item (9);
(5) As for a person intending to set up a mooring facility, a plan for using such mooring
facility.
2. The written report of the preceding Paragraph shall be accompanied by a plan
showing the location of the proposed work, together with a ground plan, cross-section
and sturctural plan of the structure related to the proposed work, and if such structure
relates to a mooring facility, then a document stating the basis of preparing a plan for
use of such mooring facility.
Place
Requirements
North side of the 1. A top mark (which is the shapes to be set up at the top of the
location of the
wreck
vertical line with their apexes upwards one above the other.
2. A buoy body (which is the part above the surface of the sea
except the topmark and the light ; hereafter the same) is to be
colored black on the upper half and yellow on the lower half.
3. A light is to be a white all-round light flashing in succession.
4. A cycle of flashing is to be 1.2 seconds.
location of the
apexes of the upper one upwards and the lower one downwards one
wreck
wreck
West side of the 1. A topmark is to be two black cones in a vertical line with their
location of the
wreck
Article 29.
The notification under Article 33 Paragraph 1 of the Law shall be given to the Chief
of the Coast Guard Office or the Chief of the Maritime Guard and Rescue Office
which has jurisdiction over the sea area where such marine accident occurred.
(Dissemination of Information)
Article 31.
Whenever the Commandant of the Japan Coast Guard places restrictions on
navigation of ships or establishes special modes of navigation in accordance with the
provisions of Article 26 of the Law, he shall have the fact known to all concerned by
notices to mariners or other appropriate means.
2. The Commander of a Regional Coast Guard Headquarters or the Chief of a Traffic
Advisory Service Center as mentioned in each item of Article 14 Paragraph 4 shall,
whenever he receives report (only to such report as related to huge vessels) under
Paragraph 1 or Paragraph 3 of the Article, have the contents of the report known to all
concerned.
(Delegation of Authority)
Article 32.
The authority of the Commandant of the Japan Coast Guard under Article 14
Paragraph 3 (including cases where the provisions shall be applicable mutatis
mutandis under Article 18 Paragraph 4 of the Law), Article 22 and Article 23 of the
Law shall be delegated to the Commander of the Regional Coast Guard Headquarters
who has jurisdiction over the area where the traffic route is located.
2. The authority of the Commandant of the Japan Coast Guard under Article 30
Paragraph 1 to Paragraph 5 inclusive and Paragraph 7, Article 31 Paragraph 1 to
Paragraph 5 inclusive and Article 32 of the Law, shall be delegated to the Commander
of the Regional Coast Guard Headquarters who has jurisdiction over the place related
to the work concerned.
3. The authority of the Commandant of the Japan Coast Guard under Article 33 of the
Law shall be delegated to the Commander of the Regional Coast Guard Headquarters
who has jurisdiction over the area where the marine accident has occurred.
4. The Commander of a Regional Coast Guard Headquarters will delegate the
authority mentioned in each of the following items, to the Chief of the Coast Guard
Office, the Chief of the Maritime Guard and Rescue Office or the Chief of the Traffic
Advisory Service as mentioned in each of the items;
(1) Authority under Article 14 Paragraph 3 of the Law, applicable mutatis mutandis
under Article 18 Paragraph 4 of the Law:
Bisan Seto Traffic Advisory Service Center
(2) Authority under Article 22 and Article 23 of the Law:
a. Tokyo Wan Traffic Advisory Service Center (only to the case related to Uraga Suido
Traffic Route and Naka-no-Se Traffic Route);
b. Osaka Wan Traffic Advisory Service Center (only to the case related to Akashi
Kaikyo Traffic Route):
c. Bisan Seto Traffic Advisory Service Center (only to the case related to Bisan Seto
East Traffic Route, Uko East Traffic Route, Uko West Traffic Route, Bisan Seto
North Traffic Route, Bisan Seto South Traffic Route and Mizushima Traffic Route);
d. Kurushima Kaikyo Traffic Advisory Service Center (only to the case related to
Kurushima Kaikyo Traffic Route);
(Terms)
Article 1.
The terms used in this Notification shall have the same meanings as those of the same
terms used in the Maritime Traffic Safety Law (Law No.115 of 1972)and the
Regulations for the Enforcement of the Maritime Traffic Safety Law (hereafter
referred to as "the Regulations").
navigate, on the frequencies mentioned in the table: Provided that when it is difficult
to communicate with the coastal radio station, the vessel may communicate with any
of the coastal radio stations mentioned in Annexed Table No.1 or No.2 on the
frequencies mentioned respectively in these tables:
(2) To bring and submit a document in the Form appended hereto to the Regional Coast
Guard Headquarters, the Coast Guard Office, the Maritime Guard and Rescue Office,
the Coast Guard Station or Traffic Advisory Service Center, or to forward a document
in the Form appended hereto by mail to the office of the Japan Coast Guard
mentioned in each item of Article 14 Paragraph 4 of the Regulations for each traffic
route the vessel intends to navigate. If the document is sent by mail, the term
"Notification of traffic routes" shall be written in red on the envelope;
(3) To communicate with the office of the Japan Coast Guard mentioned in each item of
Article 14 Paragraph 4 of the Regulations for each traffic route the vessel intends to
navigate, by telegram whose reception, transmission and delivery are handled by the
Telegraph Offices (offices in charge of handling work-site operations services
concerning telegraphs at the Nippon Telegraph and Telephone Co., Ltd (hereinafter
NTT) or the Kokusai Denshin Denwa Co., Ltd (hereinafter KDD), and a person who
is entrusted with a part of services concerning telegraphs in accordance with Article
15 paragraph 1, of the Telecommunications Business Law (Law No.86 of 1984) or
Article 5 Paragraph 2 of its supplement provision).
(4) To communicate with Tokyo Wan Traffic Advisory Service Center (only when the
vessel navigates Uraga Suido Traffic Route or Naka-no-Se Traffic Route) by telex, to
communicate with Osaka Wan Traffic Advisory Service Center (only when the vessel
navigates Akashi Kaikyo Traffic Route) by telex, or to communicate with Bisan Seto
Traffic Advisory Service Center (only when the vessel navigates Bisan Seto East
Traffic Route, Uko East Traffic Route, Uko West Traffic Route, Bisan Seto North
Traffic Route, Bisan Seto South Traffic Route or Mizushima Traffic Route) by telex.
(5) To Communicate with the office of the Japan Coast Guard mentioned in each item of
Article 14 Paragraph 4 of the Regulations for each traffic route the vessel intends to
navigate, by telephone the exchange business of which is handled by the Telephone
(5) Types of dangerous goods carried and amount (in tons) of each type. (Vessels of
Article 11 Paragraph 3 of the Regulations shall transmit "0"). Prefix "(5)" to the
message
(6) Distance between the bow of a towing vessel and the rear end of the object being
towed or distance between the stern of a pushing vessel and the fore end of the object
being pushed (in meters). Prefix "(6)" to the message
(7) Description of the object being towed or pushed. Prefix "(7)" to the message
(8) Port of destination. Prefix "(8)" to the message
(9) Section of the traffic route to be navigated. (Names of traffic routes shall be
indicated by the abbreviations given in Annexed Table No. 3, and if the entire area of
a traffic route is to be navigated, the name of the traffic route.) Prefix "(9)" to the
message
(10) Estimated date and time of entry into a traffic route from outside of the traffic route.
(Times shall be denoted by 2400 hrs system; the same shall apply to the time in (11)
below.) Prefix "(10)" to the message
(11) Estimated date and time of departure from traffic route. (If the vessel enters, after
departing from a traffic route, another traffic route adjacent thereto, the vessel is not
required to send a message on the estimated date and time of departure from the first
traffic route.) Prefix "(11)" to the message
(12) Call sign or call name of the ship radio station. Prefix "(12)" to the message
(13) Method of communications with JCG. Prefix "(13)" to the message
3. In case notification is given by the method mentioned in Paragraph 1 items (4) and
(5), the message shall be prefixed by "(14)" to succeed the items of messages under
the preceding Paragraph, and the name and address of the conveyor shall be added.
Watch
coastal
name
frequency
frequency
in charge
radio
station
Yokohama JCG
156.8MHz
156.6 MHz
Yokohama-hoan 2,189.5kHz
2,177 kHz
Naka-no-Se T. R.,
(Yokohama Sea
2,150 kHz
Patrol Radio)
2,417.5 kHz
004310301
Nagoya
JNT
156.8MHz
156.6 MHz
Nagoya-hoan
2,189.5kHz
2,177 kHz
(Nagoya Sea
2,150 kHz
Patrol Radio)
2,417.5 kHz
Irago-Suido T. R.,
004310401
Kobe
JGD
156.8MHz
156.6 MHz
Kobe-hoan
2,189.5kHz
2,177 kHz
2,150 kHz
2,417.5 kHz
004310501
Hiroshima
156. 8MHz
156.6 MHz
Hiroshima-hoan 2,189.5kHz
2,177 kHz
(Hiroshima Sea
2,150 kHz
Kurushima KaikyoT.
JNE
Patrol Radio)
2,417.5 kHz
R.,
004310601
Notes: 1. When 156.8MHz is being used for distress communications, 156.6MHz
shall be used as watch frequency.
2. English call name in parentheses only used for communication between a radio
station of a foreign ship and a coastal radio station belonging to the Japan Coast
Guard
radio station
Kushiro
Watch
Communications
frequency
frequency
JNX Kushiro-hoan
156.8 MHz
156.6 MHz
2,189.5 kHz
2,177 kHz
Radio)
2,150 kHz
004310102
Shiogama
2,417.5 kHz
JNN
156.8 MHz
156.6 MHz
Shiogama-hoan
2,189.5 kHz
2,177 kHz
2,150 kHz
Radio)
2,417.5 kHz
004310201
Moji
JNR Moji-hoan
156.8 MHz
156.6 MHz
2,189.5 kHz
2,177 kHz
004310701
2,150 kHz
2,417.5 kHz
Kagoshima
JNJ
156.8 MHz
156.6 MHz
Kagoshima-hoan
2,189.5 kHz
2,177 kHz
2,150 kHz
Radio)
2,417.5 kHz
004311001
Naha
156.8 MHz
156.6 MHz
2,177 kHz
004311101
2,150 kHz
JNB Naha-hoan
2,417.5 kHz
Notes: 1. When 156.8MHz is being used for distress communications, 156.6MHz
shall be used as watch frequency.
2.English call name in parentheses only used for communication between a radio
station of a foreign ship and a coastal radio station belonging to the Japan Coast
Guard
Abbreviation of
name of T. R.
Addressee
Abbreviation
of
addressee
TOKYO WAN
NAKANOSE
R.
TOKYO WAN
YONKAN
R.
BISAN EAST
T. R.
Uko East T. R.
OSAKA WAN
BISAN SETO
BISAN SETO
UKO WEST
BISAN SETO
BISAN SETO
T. R.
T. R.
Mizushima T. R. MIZUSHIMA
BISAN SETO
BISAN SETO
KURUSHIMA
KURUSHIMA
(Terms)
Article 1.
The terms used in this Notification shall have the same meanings as those of the same
terms used in the Maritime Traffic Safety Law (Law No.115 of 1972) and the
Regulations for the Enforcement of the Maritime Traffic Safety Law.
Instructions
Vessels to be arranged
vessel for
goods
guarding the
course
2. Vessel of 50,000 gross tons or more but Arrangement of Vessel meeting the
under 100,000 gross tons carrying
facilities
fighting
"Second-class vessel
facilities
fighting
facilities
5. Vessel of 25,000 gross tons or more but Arrangement of Vessel meeting the
under 65,000 gross tons carrying
fighting
"Fourth-class vessel
facilities
2. The Commandant of the Japan Coast Guard shall; when he gives the master of a
huge vessel or other particular vessel instructions to arrange a vessel for guarding the
course, a vessel with fire fighting facilities or a vessel for guarding the sides; give
instructions to arrange the vessel for guarding the course, the vessel with fire fighting
facilities or the vessel for guarding the sides while the huge vessel or other particular
vessel is navigating a traffic route, except a case where there are special
circumstances.
3. The Commandant of the Japan Coast Guard shall; when he gives the master of a
huge vessel or a vessel towing or pushing long object(s) instructions to arrange a
vessel for guarding the course or a vessel for guarding the sides; give instructions to
have the vessel for guarding the course or the vessel for guarding the sides exhibit the
marking in the Attached Table No.2 in the daytime and the light in the table at night
while the huge vessel or the vessel towing or pushing long object(s) is navigating a
traffic route, except a case where there are special circumstances.
4. Excepting a case where there are special circumstances, the Commandant of the
Japan Coast Guard shall; when he gives the master of a huge vessel of 50,000 gross
tons or more but under 130,000 gross tons carrying dangerous goods (except carrying
dangerous goods of liquefied gas) which intends to navigate Uraga Suido Traffic
Route or Naka-no-Se Traffic Route instructions to arrange vessel for guarding the
course and vessel with fire fighting facilities; give instructions to arrange one vessel
for guarding the course and one vessel with fire fighting facilities, unless the master
keeps a special vessel with foam type fire fighting facilities in stand-by arrangement.
5. Excepting a case where there are special circumstances, the Commandant of the
Japan Coast Guard shall; when he gives the master of a huge vessel of 25,000 gross
tons or more but under 65,000 gross tons carrying dangerous goods (apply only to one
carrying dangerous goods of liquefied gas) which intends to navigate Uraga Suido
Traffic Route or Naka-no-Se Traffic Route instructions to arrange vessel for guarding
the course and vessel with fire fighting facilities; give instructions to arrange one
vessel for guarding the course and one vessel with fire fighting facilities, unless the
master keeps a special vessel with powder type fire fighting facilities in stand-by
arrangement.
6. In Paragraph 1 and preceding two paragraphs, "special vessel with foam type fire
fighting facilities" and "special vessel with powder type fire fighting facilities" shall
be those which meet the standards in the following items (Item (2) shall be excluded
for "special vessel with foam type fire fighting facilities" and Item (1) shall be
excluded for "special vessel with powder type fire fighting facilities"):
(1) shall be capable of discharging foam water for more than 30 minutes at the rate of
more than 12 tons per minute;
(2) shall be capable of discharging more than 2 tons of power type fire extinguishing
agents at the rate of more than 30 kilograms per second;
(3) shall have a radiotelephone (the radiotelephone under Article 2 item 3 of the Radio
Law (Law No.131 of 1950); the same shall apply hereafter) with the capability of
transmitting and receiving the frequency of 156.30 MHz, 156.60 MHz, 156.70 MHz
or 156.80 MHz; and a telephone switched by a telephone office (the telephone office
under Article 25 of the Public Telecommunications Law (Law No.97 of 1953));
(4) shall have a radar.
7. In Paragraph 1, Paragraph 4, and Paragraph 5, "stand-by arrangement" means the
arrangement of keeping the vessel with fire fighting facilities in such place as the
vessel can be engaged in fire fighting operations within 30 minutes if the vessel
carrying dangerous goods catches fire.
Supplementary Provisions (Omitted)
Attached Table No.1 (Related to Article 2)
Standards
Vessel
Speed
Fire fighting
capability
Equipment, etc.
Vessel for
1. shall have a
guarding the
of navigating at a speed
course
capability of
transmitting and
vessel making
of 156.30 MHz,156.60
arrangement
MHz, 156.65
First-class
MHz,156.70 MHZ or
vessel with
156.80 MHz; or a
fire-fighting
telephone switched by a
facilities
discharging foam
telephone office.
vessel carrying
vessel towing or
speaker.
object(s),making
capability of
fire fighting
arrangement
discharging foam
facilities
vessel with
capability of
fire fighting
discharging foam
facilities
designated by the
Notification Relating to
the Designation of
Charts Showing Traffic
Routes (JCG
Notification No. 77 of
1973).
5. shall have a Guarding
Service Regulations
Fourth-class
vessel with
capability of
fire fighting
discharging
facilities
30 kilograms per
arrangement.
second
Vessel for
-
guarding the
sides
Light
A streamer as follows:
2 meters long;
centimeters;
consists of same shaped three
red cloths and three white cloths
(red and white alternately);
the part between the mouth and
1 meter from the mouth is
sewed together.
10'47"E) and the extremity of the right bank of the Ishikami River mouth (hereafter
referred to as "Line B").
1. The vessel shall navigate in the sea area north of the line drawn at 26430' from
the point 940 meters 341 from Morishige Saki to Line B (hereafter referred to as
"Line C"). In case the vessel does not meet any other vessels in the sea area near the
bridge piers of Oshima Ohashi, this shall not apply to the vessel in the sea area.
2. The vessel shall navigate between bridge pier No.3 and No.4 of Oshima Ohashi.
Article 2.
A vessel of five gross tons or more shall observe the following items when she
intends to cross the Line B and thence cross the Line A.
1. The vessel shall navigate in the sea area south of the Line C. In case the vessel does
not meet any other vessels in the sea area near the bridge piers of Oshima Ohashi, this
shall not apply to the vessel in the sea area.
2. The vessel shall navigate between bridge pier No.3 and No.4 of Oshima Ohashi.
3. The vessel shall navigate through the sea area north of Kaizenzi Syo.
Number of
Title
Scale
Contents
chart
W77
1/200,000 Boundary
Approaches
90
Tokyo Wan
of traffic route.
W90
Tokyo Wan
W104
Approaches
W106
route.
1/125,000 Traffic route, center of Akashi
Kaikyo traffic route, center of Bisan
Seto East traffic route.
W131
W132
Kurushima Kaikyo
W137A
W137B
W141
Approaches
150A
Osaka Wan
W150A
Osaka Wan
150C
Kii Suido
1 /80,000 Boundary.
W150C
Kii Suido
1/80,000 Boundary.
Obatake Seto
W152
W153
Nada
154
W154
1051
Ise Wan
W1051
Ise Wan
1/100,000
W1053
Approaches
1062
routes.
1/50,000 Boundary, traffic route, center of
Uraga Suido traffic route, sections
of traffic route.
W1062
Wan
W1064
Irago Suido
W1081
Uraga Suido
W1102
1/125,000 Boundary.
Approaches
W1108
Aki Nada and Hiroshima 1/125,000 Traffic route, section of traffic route.
Wan
1116
Mizushima Ko and
Approaches
1121
Sakaide Ko
route.
W1121
Sakaide Ko
W1122
Approaches to Nabe
Shima
W1127A Mizushima Ko
W1218
6974
light
Note: Master of vessel shall use the latest edition chart.
(Purpose)
Article 1.
The purpose of this Law is to ensure the safe navigation of vessels and maintenance
of good order in ports.
(Definitions)
Article 3.
The term "miscellaneous vessels" means launches, lighters, small boats, and any craft
propelled wholly or primarily by oar.
2. The term "specified port" means a port suitable for accommodation for deep draft
vessels or a port customarily used by foreign vessels and which shall be defined by
the Cabinet Order.
(Anchorage)
Article 5.
In a specified port, a vessel shall berth within a section designated according to the
tonnage and the type of cargo by the Ministry of LIT Ordinance.
2. A vessel prescribed by the Ministry of LIT Ordinance intending to berth in a
specified port designated by the Ministry of LIT Ordinance shall have her place for
anchoring (hereafter referred to as "anchorage") which shall be designated by the
Captain of the Port, exclusive of the case where she will be made fast to a mooring
buoy, a pier, a quay or any other mooring facility (hereafter referred to as "mooring
facility"). In this case, the Captain of the Port shall, unless there exist special
circumstnaces, designate her anchorage within the specified area prescribed in the
preceding paragraph.
3. The Captain of the Port of a specified port not under the provision of the preceding
paragraph may, when deems necessary, designate an anchorage for an entering vessel.
4. The vessel for which an anchorage has been designated in accordance with the
provisions of the preceding two paragraphs shall anchor at the anchorage
notwithstanding the provision of Paragraph 1.
5. The person in charge of mooring facilities in a specified port shall, when he allows
the use of the facilities for mooring vessels, report the fact in advance to the Captain
of the Port in accordance with the Ministry of LIT Ordinance.
6. The Captain of the Port may, when deems necessary for the safety of marine traffic,
restrict or prohibit allowing the use of mooring facilities for mooring vessels in a
specified port by the person in charge of the facilities.
7. The Captain of the Port and the person in charge of mooring facilities in a specified
port shall cooperate in regard to signals and communications to be exchanged
between vessels and shores concerning the designation of anchorages or the use of the
mooring facilities.
(Restriction on Shifting)
Article 7.
A vessel other than miscellaneous vessels shall not, without the permission of the
Captain of the Port except in cases as prescribed in Article 4, Article 8 Paragraph 1,
Article 10 and Article 23, shift from the designated area under the provision of Article
5 Paragraph 1 or shift from the anchorage designated by the Captain of the Port:
provided that this shall not apply to the cases where the vessel intends to avert marine
accident or where there exist unavoidable circumstances.
2. In cases where a vessel has shifted in accordance with the proviso of the preceding
paragraph, the vessel shall, without delay, make a report to the Captain of the Port to
that effect.
(Restrictions on Berthing)
Article 11.
Matters necessary for the places where vessels are prohibited to berth and stay or for
the methods of berthing within ports shall be prescribed by the Ministry of LIT
Ordinance.
(Passage)
Article 12.
A vessel other than miscellaneous vessels which intends to enter, clear or pass
through a specified port shall navigate the passage prescribed by the Ministry of LIT
Ordinance (hereafter referred to as "Passage"): provided that this shall not apply to the
cases where the vessel intends to avert an accident or where there exist unavoidable
circumstances.
Article 13.
A vessel shall not, except in any of the following cases, cast anchor or release a vessel
towed within a passage:
(1) In a case where a vessel intends to avert an accident;
(2) In a case where a vessel is not under command;
(3) In a case where a vessel is engaged in rescue of human life or a vessel in imminent
danger;
(4) In a case where a vessel is engaged in construction or any other similar operations
under the permission of the Captain of the Port in accordance with Article 31.
2. A vessel shall not navigate in parallel with any other vessel within a Passage.
3. When two vessels are meeting on reciprocal courses within a Passage, each shall
pass on the starloard side of the passage.
4. A vessel shall not overtake any other vessel within a Passage.
Article 15.
In a case where a power-driven vessel is in danger of meeting any other power-driven
vessel at or in the vicinity of the entrance of the breakwater of a port, the entering
power-driven vessel shall keep out of the way of the clearing power-driven vessel
outside the breakwater.
Article 16.
A vessel shall, within a port or near the boundary of the port, proceed at such a speed
as not cause a hazard to other vessels.
2. A sailing vessel shall, within a port, proceed shortening sails or using tugboats.
Article 17.
Within a port, a vessel sighting the end of a breakwater, a quay or any other structure
or a vessel on the berth on her starboard side shall proceed as close to it as practicable
and a vessel sighting it on her port side shall proceed as far from it as practicable.
Article 18.
A miscellaneous vessel shall, within a port, keep out of the way of any other vessel
except miscellaneous vessels.
2. A vessel, other than miscellaneous vessels, whose gross tonnage is not over the
prescribed limit of 500 gross tons or less under the Ministry of LIT Ordinance
(hereafter referred to as "small vessel" in this article) shall keep out of the way of any
other vessel except small vessels and miscellaneous vessels within a specified port of
very busy traffic prescribed by the Ministry of LIT Ordinance.
3. A vessel other than small vessels and miscellaneous vessels shall, when navigates
within the specified port under the preceding paragraph, exhibit a mark prescribed by
the Ministry of LIT Ordinance on a mast so as to be easily seen.
Article 19.
The Minister of LIT may, when he deems that it may seriously disturb the safety of
vessels' traffic in view of topographies, tidal currents and other natural conditions in a
port to comply with Article 14 Paragraph 3 or Paragraph 4, Article 15 or Article 17,
otherwise prescribe specific steering and sailing rules in the port by the Ministry of
LIT Ordinance.
2. The Minister of LIT may prescribe specific steering and sailing rules in a specific
port by the Ministry of LIT Ordinance in addition to the Provisions of the preceding
five articles.
Article 20.
Deleted.
Article 21.
A vessel carrying explosive substances or other dangerous goods (except those used
by the vessel, the same shall apply hereafter) shall, when she intends to enter a
specified port, receive instruction from the Captain of the Port while she is outside the
boundary of the port.
2. The kinds of the dangerous goods under the preceding paragraph are defined by the
Ministry of LIT Ordinance.
Article 22.
A vessel carrying dangerous goods shall, within a specified port, berth or stay only at
a place designated by the Captain of the Port unless her anchorage shall be otherwise
designated. As for a vessel carrying dangerous goods other than explosive substances,
the Captain of the Port may, however, remove this restriction if he considers that there
will be no danger in view of berthing duration and kinds, quantity and safe-keeping
measures of the dangerous goods.
Article 23.
A vessel intending to load, unload or transship dangerous goods in a specified port
shall obtain permission from the Captain of the Port.
2. The Captain of the Port may, when he considers the works mentioned in the
preceding paragraph improper to be done within the specified port, give the
permission under the preceding paragraph designating a proper place outside the
boundary of the port.
3. A vessel berthing or staying at the place designated under the preceding paragraph
shall be regarded as a vessel being within the boundary of the port.
4. A vessel intending to transport dangerous goods within a specified port or near the
boundary of a specified port shall obtain permission from the Captain of the Port.
Article 24.
No person may, within a port or within 10,000 meters from the boundary of a port,
indiscriminately dump ballast, waste oil, cinders, trash, garbage or any other similar
waste materials into the water.
2. Any person who intends to load or unload a vessel with cargoes which are liable to
scatter such as coals, stones or bricks shall, within a port or in the vicinity of the
boundary of a port, take necessary measures to prevent the materials from falling into
the water.
3. The Captain of the Port may, when he considers necessary, order the person who
has dumped waste materials into the water in violation of Paragraph 1 or the person
who has let materials which are liable to scatter fall into the water in violation of the
preceding paragraph within a specified port to remove the dumped or the fallen
materials.
Article 25.
When an accident which has taken place within a port or in the vicinity of the
boundary of the port hampers the traffic of other vessels, the master of a vessel
involved in the accident shall, without delay, take necessary measures such as setting
up markers to prevent further accident and report to that effect to the Captain of the
Port in a specified port or to the chief of the nearest office of Regional Coast Guard
Headquarters such as a Coast Guard Office or the Captain of the Port in a port other
than specified ports. However, he need not report the matters which has already been
reported in accordance with Article 38 Paragraph 1, Paragraph 2 or Paragraph 5,
Article 42-2 Paragraph 1 or Article 42-3 Paragraph 1 of the Law Relating to
Prevention of Marine Pollution and Maritime Disaster (Law No. 136 of 1970).
Article 26.
The Captain of the Port may, when there is a fear that driftages, submerged objects or
other objects will hamper vessels' traffic within a specified port or in the vicinity of
the boundary of a specified port, order the owner or the possessor of the objects to
remove them.
Article 27.
Vessels under the principal clauses of Article 25 Paragraph 2 and Paragraph 5 of the
Law for Preventing Collisions at Sea (Law No. 62 of 1977) shall, except the cases
where they exhibit the lights under the provisions of these paragraphs or Paragraph 3
of the same Article, exhibit, within a port, a white electric torch or a white lighted
lantern prescribed in these provisions at a place where they can best be seen from all
directions, notwithstanding the provisoes of Paragraph 2 and Paragraph 5 of the same
Article.
2. The provisions of the proviso of Paragraph 1, and Paragraph 7 of Article 27 of the
Law for Preventing Collisions at Sea shall not apply to a vessel less than 12 meters in
length within a port.
Article 28.
No vessel may indiscriminately sound a whistle or a siren within a port.
Article 29.
A person who intends to formulate private signals to be used within a specified port
shall obtain permission from the Captain of the Port.
(Fire Alarm)
Article 30.
A vessel within a specified port which is equipped with a whistle or a siren shall,
when a fire has broken out in the vessel, sound five prolonged blasts (the prolonged
blasts under Article 32 Paragraph 3 of the Law for Preventing collisions at Sea) with
the whistle or the siren as an alarm for showing the fire, except while she is underway.
2. The alarm under the preceding paragraph shall be repeated at proper intervals.
Article 30-2.
A vessel berthing within a specified port which is equipped with a whistle or a siren
shall exhibit the method of making the alarm under the preceding article at a place on
board where it can easily be seen by the persons who are in charge of sounding the
whistle or the siren.
Article 34.
A person who intends to unload bamboo or lumber from a vessel onto the water
within a specified port and a person who intends to moor or operate rafts within a
specified port shall obtain permission from the Captain of the Port.
2. The Captain of the Port may, in giving the permission under the preceding
paragraph, order the person to take necessary measures to keep the safety of vessels'
traffic.
(Restriction on Fishing)
Article 35.
No person may indiscriminately fish at a place within a port where the vessels' traffic
is feared to be hampered.
(Restriction on Lights)
Article 36.
No person may indiscriminately use a powerful light which is feared to hamper the
vessels' traffic within a port or in the vicinity of the boundary of the port.
2. The Captain of the Port may order the person using a powerful light which is feared
to hamper the vessels' traffic within a specified port or in the vicinity of the boundary
of the specified port to reduce or cover the light.
the Law Relating to Prevention of Marine Pollution and Maritime Disaster shall be
applied.
Article 38.
A person who commits any of the following acts shall be punished with imprisonment
at forced labor for not more than six months or fine not more than fifty thousand yen:
(1) Violation of Article 21 Paragraph 1 to be applied mutatis mutandis under Article 22,
Article 23 Paragraph 1 or Paragraph 4 or Article 37-2 Paragraph 2 (including the
cases to which the provisions mutatis mutandis apply under Article 37-3).
(2) Violation of the Captain of the Port's orders issued under Article 37-2 Paragraph 1
(including the cases to which the provisions mutatis mutandis apply under Article
37-3).
Article 39.
A person who commits any of the following acts shall be punished with imprisonment
at forced labor for not more than six months or fine not more than thirty thousand yen:
(1) Violation of Article 5 Paragraph 1;
A person who comes under any of the following items shall be punished with a fine
not more than ten thousand yen or a minor fine:
(1) A person who violates Article 8 Paragraph 1, Article 24 Paragraph 2, Article 29
(including the cases to which the provisions mutatis mutandis apply under Article
37-3), Article 32, Article 33 or Article 34 Paragraph 1;
(2) A person who violates the Captain of the Port's orders issued under Article 34
Paragraph 2.
Article 44.
A person who violates the provisions of the Ministry of LIT Ordinance under Article
11 shall be punished with a fine not more than ten thousand yen, penal detention or a
minor fine.
Article 45.
When a representative of a juridical person, or an agent or an employee of a person or
juridical person violates Article 41 or Article 43 relating to the functions of the person
or juridical person, the violater shall be punished and, in addition, the person or
juridical person shall be punished with a fine in accordance with each article.
Supplementary Provisions (Omitted)
(2) Cabinet Order for the Enforcement of the Port Regulations Law
(Cabinet Order No. 219 of 1965 as amended through Cabinet Order No.
330 of 1999)
(Specified Ports)
Article 2.
The specified ports prescribed in Article 3 Paragraph 2 of the Law are listed in
Annexed Table No. 2.
Supplementary Provisions (Omitted)
Annexed Table No. 1
Prefecture
Name of port
Hokkaido
Aomori
Iwate
Miyagi
Akita
Yamagata
Fukushima
Ibaragi
Choshi.
Chiba
Tokyo
Tokyo and
Keihin.
Kanagawa
Kanagawa
Niigata
Toyama
Ishikawa
Fukui
Shizuoka
Aichi
Mie
Kyoto
Osaka
Hyogo
Wakayama
Okayama
Hiroshima
Yamaguchi
Yamaguchi and
Kanmon.
Fukuoka
Tokushima
Kagawa
Ehime
Kochi
Fukuoka
Saga
Imari
Nagasaki
Kumamoto
Nakatsu.
Oita
Miyazaki
Kagoshima
Okinawa
Prefecture
Hokkaido
Aomori
Iwate
Kamaishi
Miyagi
Ishinomaki, Shiogama.
Akita
Akita-Funakawa
Yamagata
Sakata
Fukushima
Onahama
Ibaragi
Hitachi, Kashima.
Chiba
Kisarazu, Chiba.
Tokyo and
Keihin
Kanagawa
Kanagawa
Yokosuka
Niigata
Toyama
Fushiki-Toyama
Ishikawa
Nanao, Kanazawa.
Fukui
Tsuruga, Fukui.
Shizuoka
Tagonoura, Shimizu.
Aichi
Kinuura, Nagoya.
Mie
Yokkaichi
Kyoto
Miyazu, Maizuru.
Osaka
Hyogo
Wakayama
Tanabe, Wakayama-Shimotsu.
Shimane
Hamada
Okayama
Uno, Mizushima.
Hiroshima
Yamaguchi
Yamaguchi and
Kanmon
Fukuoka
Tokushima
Tokushima-Komatsushima.
Kagawa
Sakaide, Takamatsu.
Ehime
Kochi
Kochi
Fukuoka
Hakata, Miike.
Saga
Karatsu
Imari
Nagasaki
Kumamoto
Misumi
Oita
Oita
Miyazaki
Hososhima
Kagoshima
Okinawa
Kin-Nakagusuku, Naha.
Article 1.
The reports under Article 4 of the Port Regulations Law (Law No. 174 of 1948;
hereafter referred to as "the Law") shall be made in accordance with the following
items:
(1) A vessel having entered a specified port shall submit to the Captain of the Port,
without delay, an entrance report which includes the following particulars:
(a) Call Sign (Ship Number if the vessel does not have a Call Sign), name, type,
nationality and port of registry of the vessel;
(b) Gross tonnage, length, draft and service speed;
(c) Name and address of owner (or operator if chartered);
(d) Port of departure and last port of call;
(e) Time and purpose of entrance and berth;
(f) Description and quantity of cargo;
(g) Unusual events during voyage and other information for the safety of vessels' traffic.
(2) A vessel intending to depart from a specified port shall submit a departure report
which includes the following particulars:
(a) Call sign and name of the vessel;
(b) Time of departure, next port of call and the port of destination;
(c) Of the information in (a), (b) and (c) of the preceding item (excluding information in
(a)), any information that has been changed after submission of the entrance report as
prescribed in the preceding item.
2. If the time of departure is definite when a vessel has entered a specified port, an
entrance and departure report including information in Item (1) and Item (2) b (draft,
and description and quantity of cargo shall be those at the time of entrance) of the
preceding paragraph may be submitted to the Captain of the Port instead of the reports
under the preceding paragraph.
3. Any change of the time of departure after submitting the entrance and departure
report under the preceding paragraph shall be reported to the Captain of the Port
without delay.
(Sections of Ports)
Article 3.
The sections of specified ports and the vessels which shall berth in the sections under
Article 5 Paragraph 1 of the Law shall be as stated in Annexed Table No. 1.
(Designation of Anchorage)
Article 4.
The vessel prescribed by the Ministry of LIT Ordinance under Article 5 Paragraph 2
of the Law shall be a vessel of not less than 500 gross tons (a vessel of not less than
300 gross tons in Wakamatsu Quarter of the Port of Kanmon).
2. The Captain of the Port may, if deems necessary, designate an anchorage for a
vessel other than vessels under the preceding paragraph.
3. The specified ports designated by the Ministry of LIT Ordinance under Article 5
Paragraph 2 of the Law shall be the Ports of Hakodate. Keihin, Osaka, Kobe, Kanmon,
Nagasaki and Sasebo.
4. A person in charge of mooring facilities in a specified port shall, when he allows
the use of a facility for mooring a vessel under Paragraph 1, report to the Captain of
the Port the following items as prescribed in Article 5 Paragraph 5 of the Law.
(1) The name of the mooring facility to be used;
(2) The time or duration of the use for mooring;
(3) Nationality, type, name, gross tonnage, length and maximum draft of the vessel to be
moored;
(4) Description and quantity of cargo to be loaded or unloaded of the vessel to be
moored.
5. A person in charge of mooring facilities in a specified port need not report the
items prescribed in the preceding paragraph when he allows the use of the facility for
mooring a vessel that falls under any of the following items.
(1) A vessel which submitted the document prescribed in the text of paragraph 4 of
Article 1 to the Captain of the Port as provided by the said paragraph.
(2) A vessel which submitted the document prescribed in item (3) of Article 2 to the
Captain of the Port (excluding the report showing the record of arrival in the port
instructed by the Captain of the Port) as provided by the said item.
Article 5.
When the Captain of the Port has given permission to use private signals concerning
the use of mooring facilities, he shall so report promptly to the Commandant of the
Japan Coast Guard.
2. Matters necessary for radio communications between the Captain of the Port and
vessels concerning the maintenance of traffic safety such as the designation of
anchorages shall be defined by the Commandant of the Japan Coast Guard.
3. The Commandant of the Japan Coast Guard shall, when he has received a report
under Paragraph 1 and when he has defined the necessary matters for radio
communications under the preceding paragraph, issue a notification on the report and
the matters.
(Restriction on Berthing)
Article 6.
No vessel may, without justifiable reasons, anchor or stay at any of the following
places within a port:
(1) A place near a wharf, a pier, a quay, a mooring buoy or a dock;
(2) A place near the mouth of a narrow channel such as a river or a canal or a basin.
Article 7.
A vessel berthing within a port shall, when there is a danger of a storm or when a
storm warning has been issued, make proper sheet anchors ready to let go. In this case,
a power-driven vessel shall, in addition, be ready to operate immediately by
generating steam and so forth.
(Passages)
Article 8.
The Passages within the specified ports under Article 12 of the Law shall be as stated
in Annexed Table No. 2.
Article 8-2.
The specified ports of very busy traffic prescribed by the Ministry of LIT Ordinance
under Article 18 Paragraph 2 of the Law shall be the Ports of Keihin, Nagoya.
Yokkaichi (only in the passage 1 and Goki Passage; hereafter the same in this Article)
Osaka, Kobe, and Kanmon (except Shirashima Quarter; hereafter the same in this
Article); and the tonnage prescribed by the Ministry of LIT Ordinance under the same
paragraph shall be 500 gross tons in the Ports of Keihin, Nagoya, Yokkaichi, Osaka
and Kobe, and 300 gross tons in the Port of Kanmon.
Article 8-3.
The mark prescribed by the Ministry of LIT Ordinance under Article 18 Paragraph 3
of the Law shall be International Code pennant numeral "1".
(Restrictions on Towing)
Article 9.
When a vessel navigates in a specified port, towing another vessel, or any other object,
the distance between the bow of the towing vessel and the after end of the tow shall
not exceed 200 meters.
2. The Captain of the Port may, if deems necessary, strengthen the restrictions of the
preceding paragraph.
(Indication of Course)
Article 11.
Article 15.
An application for the permission under Article 29 of the Law (including the cases to
which the provisions mutatis mutandis apply under Article 37-3 of the Law) shall be
made to the Captain of the Port with information on the purpose, method, meaning
and duration of the private signals.
Article 16.
An application for the permission under Article 31 Paragraph 1 of the Law (including
the cases to which the provisions mutatis mutandis apply under Article 37-3 of the
Law) shall be made to the Captain of the Port with information on the purpose,
method, duration and section or place of the construction or works.
Article 17.
An application for the permission under Article 32 of the Law shall be made to the
Captain of the Port with information on the kind, purpose, method, duration and
section or place of the event.
Article 18.
An application for the permission under Article 34 Paragraph 1 of the Law shall be
made to the Captain of the Port with information on the kind and quantity of the cargo,
and the purpose, method, duration and section or place of the operation.
Article 19.
The Captain of the Port may, if deems necessary, order that additional information
designated by him other than that specified in each of the preceding six articles shall
be included in each application for the permission. In the case of Article 15 and
Article 16, the same shall apply to the Chief of a Coast Guard Office or a Coast Guard
Station under Article 21.
(Restriction on Towing)
Article 21-2.
When a vessel takes another vessel or any other object in tow in East Section 1 of the
Port of Kushiro, the distance between the bow of the towing vessel and the after end
of the tow shall not exceed 100 meters and the width of the tow shall not exceed 15
meters notwithstanding the provision of Article 9 Paragraph 1.
(Restriction on Anchoring)
Article 23.
No vessel may anchor or loose a vessel or any other object in tow in the sea area
(hereafter referred to as "Kashima Waterway" in the following Article and Annexed
Table No.4) surrounded by the line drawn from the point (hereafter referred to as
"Point A" in this Article) 247430 meters from the northeastern extremity (35
55'21"N, 14042'12"E) of Fukashiba Public Quay to the point 55900 meters, the
line drawn thence to the point 35870 meters, the line drawn thence to the point 3
30' 2,670 meters, the line drawn thence to the point 27330' 480 meters, the line
drawn thence to the point 18330' 2,510 meters, the line drawn thence to the point
215 940 meters, the line drawn thence to the point 235560 meters and the line
drawn thence to Point A; except in the following cases:
(1) When the vessel intends to avoid marine accident;
(2) When the vessel is not under command;
(3) When the vessel is engaged in rescue of human life or vessels in imminent danger;
(4) When the vessel is engaged in construction or work with permission of the Captain
of the Port under Article 31.
(Navigational Precautions)
Article 23-2.
A vessel of 15,000 gross tons or more (or a tanker of 1,000 gross tons or more which
is loaded with crude oil, liquefied petroleum gas or any other liquid with an ignition
point below 23 by closed up ignition-point-meter or in which it has not been
confirmed by the master, after unloading materials generating inflammable or
explosive vapor, and conducting gas check, that there is no danger of fire or explosion)
intending to enter the Port of Kashima through Kashima Waterway shall notify the
Captain of the Port of estimated time of arrival in the vicinity of the entrance of
Kashima Waterway (when intending to depart the Port of Kashima through Kashima
Waterway, estimated time of starting sailing) by noon of the day before the estimated
date of arrival or starting sailing.
2. The vessel which has notification of estimated time under the preceding paragraph
shall notify of any chage in the estimated time to the Captain of the Port without
delay.
(Navigational Precautions)
Article 24.
A vessel of 10,000 gross tons or more (or a tanker of 1,000 gross tons or more)
intending to enter the Port through Chiba Passage or Ichihara Passage shall notify the
Captain of the Port of estimated time of arrival in the vicinity of the entrance of the
Passage (when intending to depart from the Port through Chiba Passage or Ichihara
Passage, estimated time of starting sailing) by noon of the day before the estimated
date of arrival or starting sailing.
2. The vessel which has made notification of estimated time under the preceding
paragraph shall notify of any chage in the estimated time to the Captain of the Port
without delay.
(Restriction on Berthing)
Article 25.
Barges moored alongside other vessels in the Port of Keihin shall be under the
following restrictions:
(1) shall be in tandem in Section I of Tokyo Quarter;
(2) shall not exceed three abreast in Section II of Tokyo Quarter and Sections I, II and
III of Yokohama Quarter;
(3) shall not exceed two abreast in Section I of Kawasaki Quarter and Section IV of
Yokohama Quarter.
(3) When the vessel is engaged in rescue of human life or vessel in imminent danger;
(4) When the vessel is engaged in construction or works under the permission of the
Captain of the Port in accordance with Article 31 of the Law.
(Restrictions on Towing)
Article 27.
A vessel towing miscellaneous vessels in the Port of Keihin shall be under the
following restrictions notwithstanding the provision of Article 9 Paragraph 1.
(1) The distance between the bow of the towing vessel and the stern of the last tow shall
not exceed 150 meters in rivers and canals of Tokyo Quarter (except Sumida River in
Section 1, Arakawa River and Nakagawa Flood Control Canal);
(2) When the vessel tows laden miscellaneous vessels in Section I of Kawasaki Quarter
and Section IV of Yokohama Quarter between 7 a. m. and sunset, the distance
between the bow of the towing vessel and the stern of the last tow shall not exceed
150 meters.
eastern extremity of the reclaimed land of No. 13 Ground II to the middle tip of the
reclaimed land inside Central Breakwater (13536'13"N, 13948'7"E).
Article 27-3.
In Section I of Kawasaki Quarter and Section IV of Yokohama Quarter, a vessel shall
not overtake another. However, this shall not apply to the case where there is enough
space for safe passing.
2. A vessel of 500 gross tons or more shall not pass through Keihin Canal.
3. A vessel of 1,000 gross tons or more shall not navigate westward through Keihin
Canal beyond the line drawn at 152 from the southwestern extremity (35
30'04"N,13944'48"E) of Toa Kyoseki Quay, Mizue-cho, Kawasaki-shi to Higashi
Ougishima.
4. In Keihin Canal, a vessel of 1,000 gross tons or more shall not swing her bow
between 6:30 a. m. and 9:00 a. m.
(Navigational Precautions)
Article 28.
A power-driven vessel intending to enter Keihin Canal from another canal or enter
another canal from Keihin Canal shall sound one prolonged blast on her whistle or
siren at the point 150 meters before the connecting point of the two canals.
Article 29.
A vessel of 5,000 gross tons or more (or a tanker of 1,000 gross tons or more)
intending to enter Section I of Kawasaki Quarter or Section IV of Yokohama Quarter
through Tsurumi Passage or Kawasaki Passage shall sound two prolonged blasts on
her whistle or siren in the vicinity of the entrance of the Passage (when intending to
pass through Tsurumi Passage or Kawasaki Passage departing from Section I of
Kawasaki Quarter or Section IV of Yokohama Quarter shall sound the same signal in
the area in front of Sakai Canal or Kawasaki Power Station of Tokyo Electric Power
Company).
2. A vessel of 5,000 gross tons or more (or a tanker of 1,000 gross tons or more)
intending to enter through Tokyo East Passage, Tokyo West Passage or Yokohama
Passage shall notify the Captain of the Port of estimated time of arrival in the vicinity
of the entrance of the Passage (when intending to depart from the Port through the
Passage, estimated time of starting operation) by noon of the day before the estimated
date of arrival or the estimated date of starting operation.
3. A vessel of 1,000 gross tons or more intending to enter through Tsurumi Passage or
Kawasaki Passage shall notify the Captain of the Port of estimated time of arrival in
the vicinity of the entrance of the Passage (when intending to shift in the Section I of
Kawasaki Quarter and Section IV of Yokohama Quarter (excluding the vessel shifting
in the area other than Keihin Canal) or intending to depart from the Section through
the Passage, estimated time of starting sailing) by noon of the day before the
estimated date of arrival or starting sailing.
4. The vessel which has notified of the estimated time under the preceding two
paragraphs shall notify the Captain of the Port of any change in the estimated time
without delay.
3. When vessels are underway within the areas in the Passages which are specified in
Paragraph 1, other vessels in the vicinity shall not enter the Passage from outside,
leave the Passages to outside or cross the Passages.
4. In East Passage, West Passage and North Passage, a vessel of less than 500 gross
tons shall proceed on the starboard side of the Passage.
5. When a meeting situation is anticipated between a vessel proceeding in East
Passage and a vessel proceeding in West Passage or North Passage, the vessel
proceeding in West Passage or North Passage shall keep out of the way of the vessel
proceeding in East Passage.
6. When a meeting situation is anticipated in East Passage between a vessel
proceeding in West Passage (Vessels that entered East Passage after sailing in West
Passage are included, and the same shall apply hereinafter in this paragraph) and a
vessel proceeding in North Passage (Vessels that entered East Passage after sailing in
North Passage are included, and the same shall apply hereinafter in this paragraph),
the vessel proceeding in West Passage shall keep out of the way of the vessel
proceeding in North Passage.
(Navigational Precautions)
Article 29-3.
A vessel of 20,000 gross ton or more (or a tanker of 5,000 gross tons or more)
intending to enter or depart from the Port through any of the following waterways
shall notify the Captain of the Port of estimated time of arrival in the vicinity of the
entrance of the passage when enterning the Port or of estimated time of starting
operation when departing from the Port by noon of the day before estimated date of
arrival or estimated date of starting operation.
(1) East Waterway (East Passage between a line drawn at 12330' from the point 211
degrees 3,820 meters from East Light (3459' 40" N., 13649' 22" E) on the
Central Pier of the Flood-tide Breakwater of the Port of Nagoya and a line drawn at
123.5 degrees from the bending point of the western line of East Passage; The same
definition applies in Annexed Table No. 4)
(2) West Waterway (West Passage to the south of the line connecting the bending point
of the northern line of West Passage and the eastern bending point of the southern line
of West Passage; The same definition applies in Annexed Table No. 4)
(3) North Waterway (North Passage to the north of the line drawn at 123.5 degrees from
the point 175.5 degrees 750 meters from the Kaneshiro Signal Station (35
01'54"N.,13650'57"E); The same definition applies in Annexed Table No. 4)
2. The vessel which has notified of the estimated time under the preceding paragraph
shall notify the Captain of the Port of any change in the estimated time without delay.
(Navigational Precautions)
Article 29-5.
A vessel of 3,000 gross tons or more intending to enter through Passage I shall notify
the Captain of the Port of estimated time of arrival in the vicinity of the entrance of
the Passage (when intending to depart through Passage I or Goki Passage, estimated
time of starting sailing) by noon of the day before the estimated date of arrival or
starting sailing.
2. The vessel which has notified of the estimated time under the preceding paragraph
shall notify the Captain of the Port of any change in the estimated time without delay.
(Restriction on Berthing)
Article 30.
In the rivers and canals in the Port of Osaka (The rivers and canals of the upper
stream within the port area from each following line; the line drawn at 99 degrees
from the point of 103 degrees 730 meters from Osaka North Port North Lighthouse
(3440'12"N., 13524'20"E) to the opposite bank, the line drawn from Tenpozan
Monument to the southern extremity of Sakura Shima Irihori Western Bank, the line
drawn at 102.5 degrees from the eastern extremity of No. 3 Pier No. 8 Quay (34
38'39"N, 13527'16"E) to the opposite bank, the line drawn both tips of the mouth of
Kizugawa and the line drawn both tips of western mouth of canal of Kizugawa;
hereafter the same), vessels shall be berthed or moored within the area 1/4 of the
width of the rivers or canals from sides.
(Restriction on Towing)
Article 31.
Notwithstanding the provision of Article 9 Paragraph 1, a vessel towing
miscellaneous vessels within the breakwater of the Port of Osaka shall be under the
following restrictions.
(1) In the rivers and canals (except Kizugawa Canal) of the Port of Osaka, the distance
between the bow of the towing vessel and the stern of the last tow shall not exceed
120 meters;
(2) In Kizugawa Canal, the distance between the bow of the towing vessel and the stern
of the last tow shall not exceed 80 meters.
Article 32.
The latter part of Article 27-2 Paragraph 1 shall mutatis mutandis apply to a
Power-driven vessel which overtakes another vessel in a river or a canal of the Port of
Osaka.
(Navigational Precautions)
Article 33.
A vessel of 300 gross tons or more intending to enter through Kizugawa Canal west
of Ofunabashi Bridge shall notify the Captain of the Port of estimated time of arrival
in the vicinity of the entrance of Kizugawa Canal (when intending to depart through
Kizugawa Canal west of Ofunabashi Bridge, estimated time of starting sailing) by
noon of the day before the estimated date of arrival or starting sailing.
2. A vessel of 5,000 gross tons or more intending to enter through the sea area
surrounded by the line drawn from the north extremity (34-36'-57"N, 135
-25'-35"E) of A Quay of South Harbor to the point 284 degrees 1,780 meters, the line
drawn thence to the point 14 degrees 270 meters, the line drawn thence to the point
104 degrees 1,570 meters and the line drawn thence to the north extremity of A Quay
of South Harbor (hereafter referred to as "South Harbor Waterway" in this paragraph
and Annexed Table No. 4) shall notify the Captain of the Port of estimated time of
arrival in the vicinity of the entrance of South Harbor Waterway (when intending to
depart through South Harbor Waterway, estimated time of starting sailing) by noon of
the day before the estimated date of arrival or estimated date of starting sailing.
3. A vessel of 3,000 gross tons or more intending to enter Sakai-Senboku Section II or
Sakai-Senboku Section III through Sakai South Passage east of the line drawn at 29
degrees from the point 301 2,540 meters from Sakai Signal Station (hereafter
referred to as "Sakai South Waterway" in this paragraph and Annexed Table No. 4)
shall notify the Captain of the Port of estimated time of arrival in the vicinity of the
entrance of Sakai South Waterway (when intending to depart from Sakai-Senboku
Section II or Sakai-Senboku Section III through Sakai South Waterway, estimated
time of starting sailing) by noon of the day before the estimated date of arrival or
starting sailing.
4. A vessel of 10,000 gross tons or more intending to enter through Hamadera Passage
east of the line drawn at 181 degrees from the point 26240' 2,755 meters from
Hamadera Signal Station (hereafter referred to as "Hamadera Waterway" in this
paragraph and Annexed Table No. 4) shall notify the Captain of the Port of estimated
time of arrival in the vicinity of the entrance of Hamadera Waterway (when intending
to depart through Hamadera Waterway, estimated time of starting sailing) by noon of
the day before the estimated date of arrival or starting sailing.
5. The vessel which has notified of the estimated time under the preceding four
paragraphs shall notify the Captain of the Port of any change in the estimated time
without delay.
(Restriction on Berthing)
Article 34.
Within the breakwater of the Port of Kobe, barges alongside a vessel which is moored
to a quay, a pier or a jetty shall not exceed two abreast and barges alongside any other
vessel shall not exceed three abreast.
(Navigational Precautions)
Article 35.
A vessel of 15,000 gross tons or more (or tanker of 1,000 gross tons or more)
intending to enter through the Third Passage shall notify the Captain of the Port of
estimate time of arrival in the vicinity of the entrance of the Passage (when intending
to depart through the Third Passage, estimated time of starting sailing) by noon of the
day before the estimated date of arrival or starting sailing.
2. A vessel which has notified of the estimated time under the preceding paragraph
shall notify the Captain of the Port of any change in the estimated time without delay.
(Restriction on Berthing)
Article 36.
In Section III of the Port of Onomichi-Itozaki, no vessel may be moored to the sides
of a vessel moored to a quay or a pier.
(Navigational Precautions)
Article 38.
A vessel of 1,000 gross tons or more (or a tanker of 500 gross tons or more) intending
to enter through the Passage south of the line drawn at 90 degrees from Mimase Light
(3330'14"N., 13333'44"E) of the Port of Kochi (hereafter referred to as "Kochi
Waterway" in this paragraph and Annexed Table No. 4) shall notify the Captain of the
Port of estimated time of arrival in the vicinity of the entrance of Kochi Waterway
(when intending to depart through Kochi Waterway, estimated time of starting sailing)
by noon of the day before the estimated date of arrival or starting sailing.
2. A vessel which has notified of the estimated time under the preceding paragraph
shall notify the Captain of the Port of any change in the estimated time without delay.
(Anchoring Rules)
Article 39.
A vessel of 500 gross tons or more shall, when anchors in Moji Quarter or Tanoura
Quarter, anchor with twin anchors.
2. Notwithstanding the provision of the preceding paragraph, the Captain of the Port
may, if deems necessary, order vessels anchoring within the Port of Moji to anchor
with twin anchors.
(Restriction on Towing)
Article 40.
In addition to following restrictions under Article 9 paragraph 1, a vessel towing
miscellaneous vessels in Kanmon Passage shall tow them in tandem.
(4) In Kanmon Passage, a vessel may, if there is enough space for safe passing, overtake
another. A power-driven vessel intending to overtake another on the starboard side of
the latter shall sound on her whistle or siren one prolonged blast followed by one
short blast, and a vessel intending to overtake another on the port side of the latter
shall sound one prolonged blast followed by two short blasts.
(5) In Wakamatsu Passage and Oku-Dokai Passage, a vessel of 500 gross tons or more
shall keep to the central part of the Passage and other vessels shall keep to the
starboard side of the Passage.
(6) When there is a danger of meeting situation between a vessel proceeding Kanmon
Passage and a vessel proceeding in Sunatsu Passage, Tobata Passage, Wakamatsu
Passage or Kanmon No. 2 Passage (hereafter referred to as "Sunatsu Passage, etc." in
this item), the vessel proceeding in Sunatsu Passage, etc. shall keep out of the way of
the vessel proceeding in Kanmon Passage.
(7) When there is a danger of meeting situation between a vessel proceeding in Kanmon
No.2 Passage and a vessel proceeding in Anse Passage, the vessel proceeding in Anse
Passage shall keep out of the way of the vessel proceeding in Kanmon No.2 Passage.
(8) When there is a danger of meeting situation in Kanmon Passage between a vessel
proceeding in Kanmon No.2 Passage and a vessel proceeding in Wakamatsu Passage,
the vessel proceeding in Wakamatsu Passage shall keep out of the way of the vessel
proceeding in Kanmon No.2 Passage.
(9) When there is a danger of meeting situation in Kanmon on Passage between a vessel
proceeding in Tobata Passage and a vessel proceeding in Wakamatsu Passage, the
vessel proceeding in Wakamatsu Passage shall keep out of the way of the vessel
proceeding in Tobata Passage.
(10) When there is a danger of meeting situation between a vessel proceeding in
Wakamatsu Passage and a vessel proceeding in Oku-Dokai Passage, the vessel
proceeding in Oku-Dokai Passage shall keep out of the way of the vessel proceeding
in Wakamatsu Passage.
2. The direction of tidal current under the preceding paragraph Item (1) shall be
indicated by means of tidal signal at Hinoyamashita Tidal Current Signal Station (33
57'54"N., 13057'50"E)
Article 42.
In Wakamatsu Passage, a vessel towing miscellaneous vessels or other objects shall
not cross the area of the Passage between the line drawn at 344 from the signal
pole of Tobata Signal Station and the line drawn at 31130' from the point 223
1,835 meters from Wakamatsu Ko-Ko Signal Station.
(Navigational Precautions)
Article 43.
A vessel of 10,000 gross tons or more (or tanker of 3.000 gross tons or more)
intending to navigate through Kanmon Passage between the western line of Kanmon
Bridge and the line drawn at 130 from Hinoyamashita Tidal Current Signal
Station* shall notify the Captain of the port of estimated time of arrival in the vicinity
of the entrance of Hayatomoseto Waterway by noon of the day before the estimated
day of passing.
*
table No. 4)
2. A vessel of 1,000 gross tons or more intending to enter Seitetsu Tobata Anchorage
through Tobata Passage shall notify the Captain of the Port of estimated time of
arrival in the vicinity of the entrance of the Passage (when intending to depart from
the Seitetsu Tobata Anchorage through Tobata Passage, estimated time of starting
operation) by noon of the day before the estimated date of arrival or starting
operation.
3. A vessel of 300 gross tons or more intending to enter through Wakamatsu Passage
west of the line drawn at 349 from the point 18430' 1,335 meters from
Wakamatsu Ko-Ko Signal Station (hereafter referred to as "Wakamatsu Waterway" in
this paragraph and Annexed Table No. 4) shall notify the Captain of the Port of
(Navigational Precautions)
Article 47.
A vessel of 500 gross tons or more intending to enter the Port through the Passage
west of the line drawn from the top of Mt. Konpira to Takasaki-hana (hereafter
referred to as "Sasebo Waterway" in this Article and Annexed Table No. 4) shall
notify the Captain of the Port of estimated time of arrival in the vicinity of the
entrance of Sasebo Waterway (when intending to depart from the Port through Sasebo
Waterway, estimated time of starting operation) by noon of the day before the
estimated date of arrival or starting operation.
2. A vessel which has notified in accordance with the preceding paragraph shall notify
the Captain of the Port of any change in the estimated time without delay.
(Restriction on Mooring)
Article 48.
In the sea area surrounded by the line drawn from northeastern extremity of the
embankment of Hyuga Refinery to the point 84500 meters (hereafter referred to as
"Line A" in this Section), the line drawn from the southeastern extremity of the
embankment of Toyo Soda Industry Co., Ltd. to the point 129300 meters (hereafter
referred to as "Line B" in this Article) and the coast line north of Line B; a vessel
shall not be moored to the sides of another vessel.
2. In the sea area surrounded by Line B and the coast line, and in the sea area (except
fishing vessels' basin; the same in the following Article) surrounded by the line drawn
at 0 from the eastern extremity of Bansho Hana (hereafter referred to as "Line C"
in this Section) and the coast line; vessels moored to the sides of other vessels shall
not be more than three abreast.
3. In the sea area prescribed in the preceding two paragraphs, a vessel of 500 gross
tons or more shall not have only her stern moored to a mooring facility.
(Navigational Precautions)
Article 51.
A vessel of 500 gross tons or more intending to enter through Naha Waterway shall
notify the Captain of the Port of estimated time of arrival in the vicinity of the
entrance of Naha Waterway (when intending to depart through Naha Waterway,
estimated time of starting operation) by noon of the day before the estimated date of
arrival or starting operation.
2. A vessel which has notified of the estimated time under the preceding paragraph
shall notify the Captain of the Port of any change in the estimated time without delay.
Supplementary Provisions (Omitted)
Annexed Tables (Omitted)
The dangerous goods defined by Notification under Article 12 of the Regulations for
the Enforcement of the Port Regulations Law (Ministry of Transport Ordinance No.
29 of 1948) shall be as listed in Annexed Table.
Annexed Table
1. Explosive Substances:
(1) Powders:
Powders defined by item 1 (1) of Article 2 of the Rules for the Carriage and Storage
-propiolactone, sodium bichromate (warer solution) (containing not more than 70%
by weight) and 1. 1. 2-trichloroethane);
(4) Radioactive substances:
Radioactive substances defined by item 1 (5) of Article 2 of Dangerous Goods Rules;
(5) Inflammable liquids:
Inflammable liquids defined by item 1 (6) of Article 2 of Dangerous Goods Rules
(excluding the dangerous goods in limited quantities) and liquid chemical medicines
defined by item 1-2 (2) of Article 2 of Dangerous Goods Rules (moludes only butyl
methacrylate, decyl methacrylate, mixtures of sethyl methacrylate, and eicocyl
methacrylate (flash-point below 61), chlorohydrine (crude), coal tar, cobalt
naphthenate (naphtha solution), mixtures of cyclohexane and cyclohexanol,
3.4-dichloro-1-butene, 1. 1- dichloropropane, mixtures of dichloropropane and
dichloropropene, N-ethylbutylamine, N-ethyllciclohexylamine, ethylene glycol
monoalkyl ether, ehylidene norbornen, 2-ethyl-3-propylacrolein, methacrylate resin (1.
2- dichloroethane solution), 2-methyl-2-hydroxyne-3-butyne, mixtures of nitroethane
and nitropropane (containing 80% nitropropane by weight), mixture of nitroethane
and nitropropane (containing 60% nitropropane by weight), 1. 3-pentadien and 1. 3.
5-trioxane);
(6) Inflammable solids:
Inflammable solids defined by item 1 (7) (1) of Article 2 of Dangerous Goods Rules
(excluding those which belong to packaging group III in Annexed Table No. 6 of
Dangerous Goods Notification (excluding 5- tertiarybutyl-2. 4. 6-trinitrometaxylene,
naphthalene (molten) and sulphur (molten)), vegetable fibers (dry), dried grass,
paraformaldehyde and the dangerous goods in limited quantities) and liquid chemical
medicine defined by item 1-2 (2) of Article 2 of Dangerous Goods Rules (coal-tar
pitch (molten) and methylnaphthalene (molten));
(7) Substances liable to spontaneous combustion:
Substances liable to spontaneous combustion defined by item 1 (7) (2) of Article 2 of
Dangerous Goods Rules (excluding those which belong to packaging group III in
Annexed table No. 6 of Dangerous Goods Notification, copra, cotton waste, cotton,
iron or steel swarf, rags and seed cakes);
(8) Other inflammable substances:
Other inflammable substances defined by item 1 (7) (3) of Article 2 of Dangerous
Goods Rules (excluding those which belong to packaging group III in Annexed Table
No. 6 of Dangerous Goods Notification, ferrosilicon and the dangerous goods in
limited quantities);
(9) Oxidizing substances:
Oxidizing substances defined by item 1 (8) (1) of Article 2 of Dangerous Goods Rules
(excluding the dangerous goods in limited quantities) and liquid chemical medicine
defined by item 1-2 (2) of Article 2 of Dangerous Goods Rules (ammonium nitrate
(water solution) (concentration not more than 93% by weight));
(10) Organic peroxides:
Organic peroxides defined by item 1 (8) (2) of Article 2 of Dangerous Goods
(excluding the explosive substances in 1 (2));
(11) Other:
Other liquid chemical medicine defined by item 1-2 (2) of Article 2 of Dangerous
Goods Rules (chemical waste liquid).
note: All the substances prescribed in 1 and 2 above shall be dangerous goods not
withstanding types of carriage and storage.
Tokyo Jimu
Kansei
Matters relating to Kawasaki Passage and Kawasaki Quarter of the port Kawasaki
of Keihin
Jimu
Kansei
notification)
Matters relating to Yokohama Passage of the Port of Keihin (only
Yokohama
Kansei
Wakamatsu
Passage, Anse Passage and Wakamatsu Quarter of the Port of Kanmon Jimu
(excluding those relating to traffic control notification)
Matters relating to Tobata Passage and Seitetsu-Tabata Anchorages of Kanmon
the Port of Kanmon (only those relating to traffic control notification)
Kaikyo
Wakamatsu
2. Methods of communications:
(1) Narrow Band Direct Printing:
a. Communications by Narrow Band Direct Printing followed by Digital Selective
Calling with the Captain of the Port of a port in the Attached Table No.1 shall be
made with the corresponding coastal station of Japan Coast Guard in the table.
b. Notification shall be addressed to the Captain of the Port who has the jurisdiction
over the port.
c. Notification in the left column of the following table shall be preceded by the
corresponding identification in the right column of the table.
d. Time shall be designated by 2400-hour system.
Coastal station
Name of
Call sign
coastal
Frequency
station
Kushiro, Wakkanai
Kushiro
Otaru
JNX
JNL
2,177
hours
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,417.5
2,177
Otaru
004310101
JNN
2,177
Shiogama, Akita-
004310201
2417.5
Funakawa, Onahama
Working
watch
004310102
Muroran, Hakodate,
Frequency
2,417.5
Kashima, Kisarazu,
Yokohama
Chiba, Keihin,
JGC
004310301
2,177
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2.189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,189.5
24 hours
2,417.5
Yokosuka, Shimizu
Nagoya, Yokkaichi
Nagoya
JNT
004310401
Kobe, Osaka
Kobe
Tanabe
Kochi
Moji
Sasebo
Maizuru
Niigata
004310901
Kagoshima
Naha
2,177
2,417.5
2,177
2,417.5
2,177
2,417.5
2,177
2,417.5
JNJ
004311001
Naha
2,417.5
JNV
Fushiki-Toyama
Kagoshima, Naze
2,177
JNC
004310801
Niigata,
2,417.5
JNK
004310702
Maizuru
2,177
JNR
004310701
Sasebo, Nagasaki
2,417.5
JNO
004310503
Kanmon, Oita
2,177
JNH
004310502
Kochi
2,417.5
JGD
004310501
Tanabe
2,177
2,177
2,417.5
JNB
004311101
2,177
2,417.5
Coastal
Call sign
Party to
Calling Working Working contact with
channel channel hours
Remarks
Nemuro
Nemuro
16
12
24 hrs
Sea Patrol
Nemuro
CGO: Coast
CGO
Guard Office
Kushiro
CGS: Coast
CGO
Guard station
Radio
Kushiro
Kushiro
16
12
24 hrs
Sea Patrol
Radio
Tomakomai
Otaru Sea
16
12
24 hrs
Patrol
Radio
Advisory
Service
Center
Muroran
Otaru Sea
16
12
24 hrs
Patrol
Muroran
CGO
Radio
Hakodate
Otaru Sea
16
12
24 hrs
Patrol
Hakodate
CGO
Radio
Otaru
Otaru Sea
16
12
24 hrs
Otaru CGO
16
12
24 hrs
Rumoi CGO
16
12
24 hrs
Wakkanai
Patrol
Radio
Rumoi
Otaru Sea
Patrol
Radio
Wakkanai
Wakkanai
Sea Patrol
CGO
Radio
Hachinohe
Shiogama
Sea Patrol
Radio
16
12
24 hrs
Hachinohe
CGO
Kamaishi
Shiogama
16
12
24 hrs
Sea Patrol
Kamaishi
CGO
Radio
Shiogama
Shiogama
16
12
24 hrs
Sea Patrol
Shiogama
CGO
Radio
Akita-Funakawa Shiogama
16
12
24 hrs
Akita CGO
16
12
24 hrs
Onahama
Sea Patrol
Radio
Onahama
Shiogama
Sea Patrol
CGO
Radio
Kashima
Yokohama 16
12
24 hrs
Sea Patrol
Kashima
CGS
Radio
Kisarazu
Yokohama 16
12
24 hrs
Sea Patrol
Kisarazu
CGS
Radio
Chiba
Yokohama 16
12
24 hrs
Chiba CGO
Sea Patrol
Radio
Keihin
Tokyo East
16
12
24 hrs
Passage,
Tokyo West
Passage and
Tokyo Quarter
Kawasaki
Matters
CGS
relating to
Kawasaki
Passage and
Kawasaki
Quarter
(except traffic
control)
Relating to
Yokohama
Yokohama
CGO
Passage and
Yokohama
Quarter
(except traffic
control)
relating to
16
12
24 hrs
Port Traffic
Matters
Control
relating to
Room of
Kawasaki
Kawasaki
Passage,
CGS
Tsurumi
Passage and
Kawasaki
Water Way
(only traffic
control)
Yokohama
Yokohama 16
12
24 hrs
Sea Patrol
Port Traffic
Matters
Control
relating to
Room of
Yokohama
Yokohama
Passage(only
CGO
traffic control)
Yokohama
CGO
Radio
Shimizu
Yokohama 16
12
24 hrs
Sea Patrol
Shimizu
CGO
Radio
Nagoya
Nagoya
16
12
24 hrs
Sea Patrol
Nagoya
CGO
Radio
Yokkaichi
Yokkaichi
Matters
CGO
relating to the
Port of Nagoya
(except traffic
Nagoya
Sea Patrol
Radio
16
12
control)
24 hrs
Nagoya
Matters
TASC
relating to
Nagoya Port
East Passage,
West Passage
and North
Passage
(except traffic
control)
Osaka
Kobe Sea
Patrol
16
12
Matters
relating to
24 hrs
Sakaiminami
Radio
Passage,
Sakaikita
Passage,
Hamadera
Passage and
Sakai-Senboku
Quarter
Kobe
Kobe Sea
16
12
24 hrs
Kobe CGO
Tanabe Sea 16
12
24 hrs
Tanabe CGO
12
24 hrs
Kochi CGO
Patrol
Radio
Tanabe
Patrol
Radio
Kochi
Kochi Sea 16
Patrol
Radio
Uno
Kobe Sea
16
12
24 hrs
Patrol
Tamano
CGO
Radio
Onomichi,
Hiroshima 16
Itozaki
Sea Patrol
12
24 hrs
Onomichi
CGO
Radio
Kure
Hiroshima 16
12
24 hrs
Kure CGO
12
24 hrs
Hiroshima
Sea Patrol
Radio
Hiroshima
Hiroshima 16
Sea Patrol
CGO
Radio
Iwakuni
Hiroshima 16
12
24 hrs
Sea Patrol
Iwakuni
CGS
Radio
Tokuyama,
Hiroshima 16
Kudamatsu
Sea Patrol
12
24 hrs
Tokuyama
CGO
Radio
Takamatsu
Kobe Sea
16
12
24 hrs
Patrol
Takamatsu
CGS
Radio
Sakaide
Kobe Sea
16
12
24 hrs
Patrol
Sakaide
CGS
Radio
Niihama
Hiroshima 16
12
24 hrs
Niihama
Sea Patrol
CGS
Radio
Imabari
Hiroshima 16
12
24 hrs
Sea Patrol
Imabari
CGO
Radio
Matsuyama
Hiroshima 16
12
24 hrs
Sea Patrol
Matsuyama
CGO
Radio
Oita
Moji Sea
16
12
24 hrs
Oita CGO
Patrol
Radio
Kanmon
Moji CGO
Matters
relating to the
Port of
Kanmon
(except Tobata
Moji Sea
Patrol
Passage,
16
12
24 hrs
Wakamatsu
Radio
Passage,
Okudokai
Passage, Anse
Passage and
Wakamatsu
Quarter)
Wakamatsu Matters
CGO
relating to
Tabata
Passage,
Wakamatsu
Passage,
Okudokai
Passage,
Anchorages
and
Wakamatsu
Quarter
(except traffic
control)
Kanmon
Matters
Kaikyo
relating to
TASC
Tabata
Passage,
Seitetsu-Tabata
Anchorages
(only traffic
control)
Wakamatsu 16
12
24 hrs
Port Traffic
Wakamatsu
Harbor Sea
Control
Waterway,
Patrol
Room of
Okudokai
Radio
Wakamatsu
Quarter
(except N0.5
and N0.6
Quarter) (only
traffic control)
Hakata
Hakata Sea 16
12
24 hrs
Patrol
Fukuoka
CGO
Radio
Sasebo
Sasebo Sea 16
12
24 hrs
Sasebo CGO
12
24 hrs
Izuhara
Patrol
Radio
Izuhara
Moji Sea
16
Patrol
CGO
Radio
Maizuru
Maizuru
16
12
24 hrs
Sea Patrol
Maizuru
CGO
Radio
Sakai
Maizuru
16
12
24 hrs
Sakai CGO
Niigata Sea 16
12
24 hrs
Niigata CGO
12
24 hrs
Fushiki
Sea Patrol
Radio
Niigata
Patrol
Radio
Fushiki-Toyama Niigata Sea 16
Patrol
CGO
Radio
Kagoshima
Kagoshima 16
12
24 hrs
Sea Patrol
Kagoshima
CGO
Radio
Naha
Naha Sea
16
12
24 hrs
11th
Patrol
Regional
Radio
Coast Guard
Headquarters
(Purpose)
Article 1.
The purpose of this Law is to prevent marine pollution and maritime disaster by
controlling the discharge into the ocean of oil, noxious liquid substances and others
and wastes from ships, offshore facilities and aircraft and the incineration of oil,
noxious liquid substances and others and wastes on a ship and at off-shore facility, by
securing appropriate disposal of waste oil and by taking measures for the removal of
the discharged oil, noxious liquid substances and others, wastes and other substance,
the prevention of occurrence and spread of fire at sea and the prevention of danger to
shipping traffic incidental to such fire and the line at sea and by securing appropriate
enforcement of international convention on the prevention of marine pollution and
maritime disaster, thereby contributing to the preservation of the marine environment
and the protection of people's lives and body as well as their property.
Every person shall exert himself not to pollute the ocean by the discharge of oil,
noxious liquid substances and others or wastes and by other acts.
2. The master or owner of the ship or the manager or owner of the off-shore facility or
off-shore dangerous substance control facility or other persons concerned shall always
take precautions against discharge of oil, noxious liquid substances, etc. or dangerous
objects, or against a fire at sea so that he can take measures to control the discharged
oil, noxious liquid substances, etc., or to fight the fire and prevent the spread of the
fire, and shall endeavor to prevent marine pollution and maritime disaster by properly
implementing the measures in case of such emergency.
(Definitions)
Article 3.
For the purpose of this Law, the meaning of the expressions mentioned in each of the
following items shall be as defined in the respective items:
(1) "Ship" means floating craft used for navigation in the sea areas including the port
areas under the Port Regulations Law (Law No. 174 of 1948 ; hereafter the same shall
apply);
(2) "Oil" means crude oil, heavy oil, lubricating oil, light oil, kerosene, volatile oil and
other oils as provided by the Ministry of LIT Ordinance and oily mixture containing
these oils (excluding the oil as provided by the Ministry of LIT Ordinance, hereafter
referred to as "oil mixture");
(3) "Noxious liquid substances" means substances as provided by the Cabinet Order for
noxious substances from the view point of preservation of marine environment
(including the mixture containing these substances), and which is carried as liquid
cargo in bulk by a ship, and water ballast, tank washing water and other unnecessary
liquid substances which has been generated in a ship containing these substances, in
liquid substances other than oil (excluding such substances as liquid petroleum gas
and other substances that are not liquid at the normal temperature and which are
designated by the Cabinet Order ; the same shall apply in the following
in accordance with the criteria on the oil content of the discharged oil (specified oil
prescribed by the Ministry of LIT Ordinance under the Paragraph 2 of the preceding
Article; hereafter the same shall apply), discharge sea area and discharge method as
provided by the Cabinet Order.
3. The provision of the principal clause of the Paragraph 1 shall not apply to the
discharge of water ballast, etc. containing cargo oil from a tanker z made in
accordance with the criteria on the total quantity of oil content, the instantaneous rate
of discharge (meaning the rate of discharge of oil in liters per hour at any instant
divided by the speed of the ship in knots at the same instant: hereafter the same), the
discharge sea area and the discharge method as provided by the Cabinet Order.
4. The provision of the principal clause of the Paragraph 1 shall not apply to the
discharge of oil from a ship for the purpose of examination, research or investigation
concerning the prevention of marine pollution made under the advance approval of
the Commandant of the Japan Coast Guard, as provided by the Ministry of LIT
Ordinance.
5. A condition may be attached to the approval under the preceding paragraph or the
appoval may be altered to the extent as may be necessary for the prevention of marine
pollution.
disposal, on board, of water ballast, etc. containing cargo oil; the same shall apply in
the Paragraph 4).
3. In addition to those prescribed in the preceding two paragraphs, a tanker specified
by the Ministry of LIT Ordinance shall be equipped with segregated ballast tank (a
tank perfectly segregated from cargo tank (which is limited for the use of LITing
liquid cargo in bulk) and fuel tank and permanently installed for carriage of water
ballast; hereafter the same shall apply) or crude oil washing system (equipments for
washing cargo tank by crude oil; the same shall apply in following paragraph).
4. The technical standards concerning the installments of bilge spill prevention device,
water ballast spill prevention device, segregated ballast tank and crude oil washing
system prescribed in the preceding three paragraphs shall be provided by the Ministry
of LIT Ordinance.
Article 5-2.
A cargo tank of a tanker and a segregated ballast tank, which is to be equipped
according to the provision of the Paragraph 3 of the preceding Article, shall comply
with the technical standards as provided by the Ministry of LIT Ordinance for the
prevention of oil spill in large quantity in case where a ship is damaged by collision,
stranding or by the other causes.
do so for the safety of a ship under a severe weather conditions or to the other cases as
provided by the Ministry of LIT Ordinance.
make the items prescribed in the manual for the prevention of oil pollution known to
the crews of the ship and the other persons other than the crews who carry out the
opertations of handling oil among those who are engaged in the works concerning the
ship.
2. The oil pollution supervisor shall, every time the discharge of oil or any other
operation concerning handling of oil on board as provided by the Ministry of LIT
Ordiance takes place, enter such events in the oil record book in accordance with the
Ministry of LIT Ordinance.
3. The master of a ship shall keep the oil record book on board for three years from
the day when the last entry was made.
4. In addition to those prescribed in the preceding three Paragraphs, necessary matters
concerning the oil record book such as the form of the oil record book shall be
provided by the Ministry of LIT Ordinance.
(Exceptions)
Article 9.
The provisions of the Paragraph 1 of Article 5, Article 5-3 and Article 6 to the
preceding Article shall not apply to ships of less than 100 gross tons other than
tankers.
2. The provisions of the Paragraph 3 of Article 5 and Article 5-2 (the part concerning
the segregated ballast tank) shall not apply to a ship with a cargo tank, a part of which
has a structure for the carriage of liquid cargo in bulk, and is prescribed in the item (9)
of Article 3.
3. The provisions of Article 6 and Article 7 shall not apply to ships other than
Japanese ships (meaning Japanese ships provided in Article 1 of the Ship Law (Law
No. 46 of 1899) hereafter the same shall apply ;) (hereafter referred to as "foreign
ships".)
liquid substances in large quantity in case where the ship was damaged or involved in
other accidents due to collision, stranding or other causes.
Article 9-4.
Omitted
(4) The discharge, to be made in accordance with the criteria concerning the sea areas of
discharge and the method of discharge, provided by the Cabinet Order, of wastes
which are allowed to be cast into the sea for disposal by the Cabinet Order mentioned
in Paragraph 2 or Paragraph 3 of Article 6-2 or Paragraph 1 of Article 12 or paragraph
1 of Article 12-2 of the Waste Disposal and Cleansing Law (Law No. 137 of 1970),
mud provided by item (4)of Article 16 of the Law Relating to the Antarctic
Environment Protection Law (Law No. 61 of 1997) and other wastes which are
inevitable to be disposed of at sea as defined by the Cabinet Order.
(5) The discharge of wastes loaded in a foreign country which is a Party (hereafter
referred to simply as "Party".) to the Convention of the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter (hereafter referred to as "marine
dumping control treaty".) to be made in accordance with the provisions of legislation
of the Party (excluding the discharge made in the surrounding sea areas of Japan)
provided by the Cabinet Order. (hereafter referred to as "the surrounding sea areas of
Japan".)
(6) The discharge of wastes made for the reclamation in internal waters or territorial
waters of foreign countries.
3. In a case where the wastes is discharged under Item (4) of the preceding article, if
the wastes is that prescribed by the Cabinet Order as the wastes to the discharge of
which it is necessary to pay special attention in view of marine environment
protection, a person who intends to discharge the wastes from a ship shall obtain
confirmation that the plan for the discharge is in accordance with the criteria of the
item from the Commandant of the Japan Coast Guard submitting written application
of confirmation in advance of loading the ship with the wastes (in advance of
discharge when the wastes is produced on board the ship).
4. The Commandant of the Japan Coast Guard shall, when he has accepted the written
application of the preceding Paragraph and has confirmed that the plan for the
discharge comply with the criteria under the item (4) of Paragraph 2, issue to the
applicant a certificate of confirmation of discharge.
5. The person who has obtained the certificate of confirmation of discharge shall have
it on board the ship which is in change of the discharge of the waste.
6. In addition to those prescribed in the preceding three Paragraphs, necessary matters
concerning confirmation such as the application form of discharge, the form of
certificate of confirmation of discharge shall be provided by the Ministry of LIT
Ordinance.
by the Ministry of LIT Ordinance takes place enter such events in the Shipboard
Wastes Record Book prescribed by the Ministry of LIT Ordinance.
3. The masters of a ship shall keep on a board the Shipboard Wastes Record Book for
two years from the day when the last entry was made.
4. In addition to those prescribed in the preceding three paragraphs, the form of the
Shipboard Wastes Record Book and other matters necessary for the Shipboard Wastes
Record Book shall be prescribed by the Ministry of LIT Ordinance.
(2) Official number, name, quality, gross tonnage and navigating area of the ship ;
(3) Main loading place of wastes ;
(4) Specifications of wastes;
(5) Outline of the equipment for loading and dischrge of wastes of the ship and other
equipment and structure of the ship as provided by the Ministry of LIT Ordinance ;
(6) Other matters provided by the Ministry of LIT Ordinance.
2. The Commandant of the Japan Coast Guard shall, when he has accepted the written
application mentioned in the preceding Paragraph, register the ship, except when the
equipment and structure of the ship fail to comply with the technical standards
provided by the Ministry of LIT Ordinance for securing proper discharge of wastes.
Article 13.
The Commandant of the Japan Coast Guard shall, when he has made registration
provided in Article 11, notify the applicant by designating the registration number and
issue a registration certificate.
2. The owner of a registered ship shall keep the registration certificate on board the
ship and display clearly the designated registration number outside the hull so as to be
easily seen in accordance with the method provided by the Ministry of LIT
Ordinance.
Article 14.
When there has been any change in the matters mentioned in each item of the
Paragraph 1 of Article 12 with respect to the ship registered under Article 11, or when
the owner of the ship discontinued the continual use of the ship registered under
Article 11 for discharge of wastes in accordance with the provision of item (3) or (4)
of the Paragraph 2 of Article 10, the owner of the ship shall, without delay, report to
the Commandant of the Japan Coast Guard to that effect.
(Cancellation of Registration)
Article 15.
The Commandant of the Japan Coast Guard may, when he considers that a ship
registered under Article 11 has come to fail to comply with the technical standards
provided by the Ministry of LIT Ordinance under the Paragraph 2 of Article 12,
cancel the registration of the ship.
Ordinance.
(Regular Survey)
Article 17-2.
The owner of a ship, which shall be equipped with marine pollution prevention
devices, (defined as device mentioned in the Paragraph 1 to 3 of Article 5 or the
Paragraph 1 of Article 9-3 ; hereafter the same shall apply.) and is required by the
Ministry of LIT Ordinance according to its use, navigation area and the size etc, to be
subject to a survey conducted by the Minister for LIT in order to minimise the marine
pollution once oil or noxious liquid substance is discharged from the ship, and a ship
which shall be provided with or display a Shipboard Oil Pollution Emergency Plan
(excluding ships provided by the Ministry of LIT Ordinance as its provided or
displayed Shipboard Oil Pollution Emergency Plan's compliance with the technical
standard provided in the Paragraph 2 of Article 7-2 can be confirmed by methods
other than the survey conducted by the Minister of LIT) (hereafter referred to as
"survey-requiring ship") shall have the marine pollution prevention devices equipped
on board the ship (including the cargo tank in case of a tanker or a ship prescribed in
the Paragraph 3 of Article 9-3, hereafter referred to as "marine pollution prevention
devices, etc.") and a Shipboard Oil Pollution Emergency Plan provided or displayed
on board the ship surveyed regularly by the Minister for LIT when he intends to use
the ship for navigation for the first time.
The same applies when a person intends to continue to use a survey requiring ship for
navigation, for which he has been obtained a marine pollution prevention certificate
prescribed in the Paragraph 1 of the following Article, after the certificate expires.
The Minister of LIT shall, when he considers that the marine pollution prevention
devices, etc. and Shipboard Oil Pollution Emergency Plan comply with the technical
standards provided in the Paragraph 4 of Article 5 or Article 5-2 or the Paragraph 2 or
3 of Article 9-3 or Paragraph 2 of Article 7-2 (hereafter referred to as "technical
standards" in this Chapter) respectively, issue in accordance with the class with regard
to the marine pollution prevention devices, etc. and the Shipboard Oil Pollution
Emergency Plan Provided by the Ministry of LIT Ordinance a marine pollution
prevention certificate to the owner of a ship.
2. The term of validity of the marine pollution prevention certificate under the
preceding Paragraph (hereafter referred to as "marine pollution prevention certificate")
shall be five years (for a ship prescribed by the Ministry of LIT Ordinance whose
navigation area is the smooth water areas, the tern the Minister of LIT otherwise
specifies). However, with respect to the ship having the cause prescribed by the
Ministry of LIT Ordinance, the Minister of LIT may prolong the term of validity up to
three month at the time when the term of validity exprise.
3. The clerical work prescribed in the proviso of the preceding Paragraph is conducted
by a Japanese consul in a foreign country.
4. In addition to the provisions of the Administrative Complaint Investigation Law
(Law No. 160 1962), the necessary matters concerning the request for investigation
over the proceeding or nonperformance concerning the clerical work conducted by a
consul under the preceding Paragraph shall be provided by the Cabinet Order.
5. When a registration of a ship's classification is cancelled for a ship prescribed in the
Paragraph 2 of Article 17-12, it shall be regarded that the marine pollution prevention
certificate of the ship has expired.
6. The Minister of LIT may, when he issues a marine pollution prevention certificate,
attach necessary conditions as regards use, navigation sea area, etc. of the
survey-requiring ship and stipulate them on the certificate.
(Intermediate Survey)
Article 17-4.
The owner of a survey-requiring ship who has been issued a marine pollution
prevention certificate shall undergo intermediate survey conducted by the Minister of
the marine pollution prevention devices equipped on board the ship and the Shipboard
Oil Pollution Emergency Plan provided or displayed on board the ship at a time
specified by the Ministry of LIT Ordinance before the marine pollution prevention
certificate expires.
(Special Survey)
Article 17-5.
The owner of a survey-requiring ship who has been issued a marine pollution
prevention certificate shall, when he remodels or repairs the marine pollution
prevention devices, etc. provided by the Ministry of LIT Ordinance or when he makes
amendment to the Shipboard Oil Pollution Emergency Plan etc. provided or displayed
on board provided by the Ministry of LIT Ordinance, or in other cases provided by
Ministry of LIT undergo a special survey conducted by the Minister for LIT of the
marine pollution prevention devices, etc. and the Shipboard Oil Pollution Emergency
Plan.
The Minister of LIT shall, upon application, issue in accordance with the class of
marine pollution prevention devices provided by the Ministry of LIT Ordinance
referred to in Paragraph 1 of Article 17-3 an international marine pollution prevention
certificate to the owner of a survey-requiring ship which engages in an international
voyage.
2. The Minister for LIT shall, when he issues the international marine pollution
prevention certificate prescribed in the preceding Paragraph(hereafter referred to as
"international marine pollution prevention certificate"), examines the items described
in the marine pollution prevention certificate on the provisional marine pollution
prevention certificate or the ship inspection certificate (defined as the ship inspection
certificate under the Paragraph 1 of Article 9 of the Ship's Safety Law (Law No. 11,
1933)) or the special navigation permit (under the Paragraph 2 of the same Article)
and other matters of the survey requiring ship.
3. An international marine pollution prevention certificate shall expire on the day
when the marine pollution prevention certificate expires (or the day when provisional
marine pollution prevention certificate expires in case of a ship for which a
provisional marine pollution prevention certificate has been issued.)
4. The provisions of the proviso of the Paragraph 2 of Article 17-3, Paragraph 5 and 6,
and Article 17-6 shall apply mutatis mutandis to an international marine pollution
prevention certificate.
3. A survey-requiring ship may not be employed for navigation unless fulfilling the
conditions stipulated on a marine pollution prevention certificate, a provisional
marine pollution prevention certificate or an international marine pollution prevention
certificate.
4. The provisions of the Paragraph 1 and the preceding Paragraph shall not apply to
the case of a trial run for a legal survey or for a survey prescribed in the Paragraph 1
of Article 5 of the Ship's Safety Law.
3. Omitted.
(Re-survey)
Article 17-13.
A person who is dissatisfied with the result of the legal survey may make an
application for a re-survey to the Minister of LIT with a written document which
describes the reasons for complaint within thirty days reckoning from the next day
bring a lawsuit for the of the date on which he was notified of the result of the survey.
2. A person who is dissatisfied with the result of the re-survey may appeal of
cancellation of the re-survey.
3. A person who has made an application for the re-survey, may not make any
alteration to the present state of the parts concerned without having received a
permission from the Minister of LIT.
4. A person who is dissatisfied with the result of the legal survey may appeal it only
by due process of the provisions of the Paragraphs 1 and 2.
handling that are specifically required by the Ministry of LIT Ordinance (hereinafter
referred to as "specific instructions to be obeyed") or that the crewmember cannot
perform the operations in accordance with the specific instructions to be obeyed, he
may order the master of the ship to make the crew member acquire the necessary
knowledge of the specific instructions to be obeyed and take steps necessary to
perform operations in accordance with the specific instructions to be obeyed.
3. The provisions of the Paragraphs 2 to 4 inclusive of Article 17-14 shall apply
mutatis mutandis to the case under the preceding two Paragraphs. In this case, "the
owner of the ship" shall be read as "the master of the ship" and "the owner or the
master of the ship" to "the master of the ship" in Paragraph 2 of the Article, and
"Paragraph 1" shall be read as "Paragraph 1 or 2 of Article 17-17" in Paragraph 4 of
the Article.
The Minister of LIT may, when he was requested by a Government of a party to the
Protocol to issue a certificate corresponding to an international marine pollution
prevention certificate to a ship of the party (excluding the foreign ship prescribed
under the proviso of Article 17-16), carry out a survey which is equivalent to one
under the provision of Article 17-12 for the marine pollution prevention devices, etc.
equipped, and the Shipboard Oil Pollution Emergency Plan provided or displayed on
board the ship and he may issus the certificate corresponding to an international
marine pollution prevention certificate to the master of the ship when he considers
that the survey reveals that the marine pollution prevention devices, etc. and the
Shipboard Oil Pollution Emergency Plan comply with the technical standards.
No person may discharge oil or wastes from an off-shore facility or an airplane in sea
area. However, this shall not apply to the discharge of oil or wastes that falls under
any of the following items :
(1) The discharge of oil or wastes for the purpose of securing the safety of the off-shore
facility or the airplane, or saving human life ;
(2) The discharge of oil or wastes when the oil or wastes has been discharged due to
damage to the off-shore facility or to the airplane, or for other unavoidable reasons
and all the possible measures to prevent the continuous discharge of oil or wastes has
been taken.
2. The provision of the principal clause of the preceding Paragraph shall not apply to
the discharge of oil or wastes from the off-shore facility that falls under any of the
following items :
(1) The discharge of excrement etc. which arise from the daily life of persons in the
off-shore facility (the discharge of excrement etc. as defined by the Cabinet Order
from an off-shore facility whose capability of accommodation is not less than the
number of persons as defined by the Cabinet Order under item (1) of Paragraph 2 of
Article 10, shall be made in accordance with the criteria concerning the method of
discharge defined by the Cabinet Order);
(2) The discharge of refuse or other similar wastes which arise from the daily life of
persons in the off-shore facility (excluding the wastes provided by the Cabinet Order
under the item (2), Paragraph 2 of Article 10) and shall be made in accordance with
criteria concerning the sea area and the method of discharge defined by the Cabinet
Order.
(3) The discharge of oil or the wastes prescribed in item (4) of the Paragraph 2 of Article
10 (excluding the wastes provided by the Cabinet Order under the Paragraph 3 of
Article 10) to be made in accordance with the criteria concerning the method of
discharge defined by the Cabinet Order.
3. The provision of the principal clause of the Paragraph 1 shall not apply to the
discharge of oil or wastes that falls under any of the following items:
(1) The discharge of sewage' oil or wastes provided by the Cabinet Order, which arise
from daily life of persons on board the airplane, and the discharge of which in sea
area is unavoidable:
(2) The discharge of wastes loaded in a Party to be made in accordance with the
provisions of the legislation of that country (excluding the discharge made in the
surrounding sea areas of Japan).
4. The provisions of the Paragraphs 4 and 5 of Article 4 shall apply mutatis mutandis
to the discharge of oil from an airplane for the purpose of examination, research or
investigation concerning the prevention of marine pollution.
Article 19-2-2.
The manager of an off-shore facility prescribed by the Ministry of LIT Ordinance
shall, as prescribed by the Ministry of LIT Ordinance, display in the off-shore facility
the matters to be observed by those who are in the off-shore facility concerning the
discharge of off-shore facility wastes and other matters for preventing improper
discharge of off-shore facility wastes so that they can easily be seen by those who aie
in the off-shore facility.
(Control on Incin eration of Oil Noxious Liquid Substance and others and
Wastes)
Article 19-2-3.
No person may incinerate oil, noxious liquid substances and others or wastes (referred
to as "oil, etc." in this Article and the following Article) incineration of which is
prescribed in the Cabinet Order as that feared to be remarkably obstructive to the
preservation of marine environment on a ship or at an off-shore facility.
2. A person who intends to incinerate oil, etc. other than those provided by the
Cabinet Order under the preceding Paragraph shall incinerate them in accordance with
the criteria of the incineration sea area and incineration method as provided by the
Cabinet Order.
3. In a case where incineration of oil etc. takes place under the preceding paragraph, a
person who intends to incinerate the oil, etc. which are specified by the Cabinet Order
to pay special attention to from the viewpoint of preservation of marine environment
in accordance with the provision under the preceding Paragraph, shall submit to the
Commandant of the Japan Coast Guard a written application and have it confirmed
that the plan for the incineration complies with the criteria prescribed in the said
Paragraph prior to the loading of the oil, etc. onto the ship or to the off-shore facility
or prior to the incineration when the oil, etc. are produced in the ship or at the
off-shore facility.
4. The Commandant of the Japan Coast Guard shall, when he has accepted the written
application of the preceding Paragraph and has confirmed that the plan for
incineration complies with the criteria under the Paragraph 2, issue to the applicant a
certificate of confirmation of incineration.
5. The person who has obtained the certificate of confirmation of incineration issued
shall keep it on board the ship or at the off-shore facility which is employed for the
incineration of the oil, etc.
6. In addition to those prescribed in the preceding three Paragraphs, necessary matters
concerning confirmation such as the application form for incineration, the form of
certificate of confirmation of incineration shall be provided by the Ministry of LIT
Ordinance.
7. The provisions under the Paragraphs 1 to 5 inclusive shall not apply to the
incineration of oil, etc. which falls under any of the following item:
(1) The incineration of unnecessary oil, etc. which arise from the daily life of the
persons on boad the ship or at the off-shore facility and the other unnecessary oil, etc.
which are produced in the ship on the facility provided by the Cabinet Order;
(2) The incineration of oil or wastes for the survey under the Paragraph 1 of the
following Article or Paragraph 1 of Article 19-4 ;
(3) The incineration of oil, etc. loaded in a Contracting Party (excluding the Parties
where the provisions for the control of incineration of wastes and other matter at sea
in the "Convention of the Prevention of Marine Pollution by Dumpring of Wastes and
Other Matter" have not been effective, hereafter, the same shall apply.) to be made in
accordance with the provisions of the legislation of that country (excluding the
incineration made in the surrouding sea areas of Japan).
The owner of a ship or the installer of an off-shore facility shall, when he intends to
emply the equiment (hereafter referred to as "incineration system") for incineration of
oil, etc. specified by the Cabinet Order under the Paragraph 3 of the preceding Article
(excluding the oil, etc. prescribed in the item (1), Paragraph 7 of the preceding Article,
hereafter referred to as "confirmation-requiring wastes for incineration") for the first
time for the incineration of confirmation-requiring wastes for incineration, have the
incineration system surveyed by the Minister of LIT. The same shall apply for the
first employment of the incineration system for which a certificate of survey of
incineration has been issued, after the expiration of the certificate.
2. The Minister of LIT shall, as the result of the survey under the preceding paragraph
when he considers that the incineration system comply with the technical standards,
issue a certificate of survey of incineration system specifying type of
confirmation-requiring wastes for incineration which can be incinerated by the
incineration system and the method of incineration (hereafter referred to as "method
of incineration, etc.") to the owner of the ship or the installer of the off-shore facility.
3. The term of validity of the certificate of the survey of the incineration system shall
be two years.
Article 19-4.
An owner of a ship or an installer of an off-shore facility who has obtained the
certificate of survey of incineration system shall, when he intends to make an
alteration to or to repair the incineration system as provided by the Ministry of LIT
Ordinance or when he intends to employ it altering the method of incineration, etc.
specified for the incineration system or other cases as provided by the Ministry of LIT
Ordinance, have the incineration system surveyed by the Minister for LIT.
2. The Minister for LIT shall, when he considers necessary as the result of the survey
of the preceding Paragraph, alter the method of incineration, etc. specified for the
incineration system.
Article 19-5.
The Minister for LIT shall, when he considers that the survey of the Paragraph 1 of
the preceding Article reveals that the incineration system fails to comply with the
technical standards provided by the Ministry of LIT Ordinance under the Paragraph 2
of Article 19-3. suspend the validity of the certificate of survey of incineration system
until he confirms that it comes to comply with the technical standards.
Article 19-6.
The Minister for LIT may, when he considers that the incineration system fails to
comply with the technical standards as provided by the Ministry of LIT Ordinance
under the Paragraph 2 of Article 19-3, order the owner of a ship or the installer of an
off-shore facility who has been obtained the certificate of survey of incineration
system to return the certificate or to repair the incineration system.
Article 19-9.
The master of a ship or the manager of an off-shore facility to whom a certificate of
survey of incineration system has been issued, shall have an incineration system
record book on board the ship or at the off-shore facility.
2. The master of a ship or the manager of an off-shore facility shall, every time the
incineration of confirmation-requiring wastes for incineration by the incineration
system and the other operation concerning handling of the confirmation-requiring
wastes for incineration as provided by the Ministry of LIT Ordinance takes place,
make entry in the incineration record book as provided by the Ministry of LIT
Ordinance.
3. The master of a ship or the manager of an off-shore facility shall keep the
incineration record book on board the ship or at the off-shore facility for two years
from the day when the last entry was made.
(1) Name and address of the person who intends to conduct oil disposal business and, in
case of a juridical person, name and address of the representative;
(2) The following information with respect to the oil disposal facility:
a. place of the facility (a main operational base in case of a ship which functions as an
oil desposal facility);
b. sea areas where there are ships which discharge waste oil, in cases where ships or
vehicles are employed in collecting the waste oil;
c. specifications of the oil disposal facility and its capacity;
d. specifications of waste oil to be disposed of.
2. The port administrator who makes report provided in Paragraph 2 of the preceding
Article, shall submit to the Minister for LIT a written report which states the items
provided in item (2) of the preceding Paragraph.
3. The written application of Paragraph 1 or the written report of the preceding
Paragraph shall be submitted with the business program, the specification of the oil
disposal facility and other documents provided by the Ministry of LIT Ordinance.
(Disqualification of Approval)
Article 22.
A person who falls under any one of the following items shall be disqualified to
obtain approval of Paragraph 1 of Article 20:
(1) A person who was sentenced to penalty in violation of this Law and for whom one
year has not elapsed since the date on which he completed its execution, or on which
he became free from its execution;
(2) A person for whom one year has not elapsed since the date on which the approval of
Paragraph 1 of Article 20 was cancelled in accordance with the provisions of
Paragraph 1 of Article 33;
(3) A juridical person any one of whose officers who execute the business falls under
any of the preceding two items.
(Standards of Approval)
Article 23.
The Minister of LIT shall not give the approval of the Paragraph 1 of Article 20
unless he considers that the application for the approval conforms to the following
items:
(1) An appropriate program shall be formulated to carry out the business;
(2) The oil disposal facility for the business shall conform to the technical standards
provided by the Ministry of LIT Ordinance;
(3) The applicant shall be capable of performing the business properly.
same) shall provide the conditions of waste oil disposal concerning the waste oil
disposal charges and other conditions of the acceptance of waste oil disposal, and
report it to the Minister of LIT in advance. The same shall apply when he alters the
conditions.
2. The conditions of waste oil disposal of the preceding Paragraphs shall conform to
the follwing items:
(1) The charges shall be fair and appropriate in consideration of proper costs under an
efficient management;
(2) The conditions or receipt of charges and the liability of the waste oil disposal
business operator shall be provided properly and expressly;
(3) Unreasonable discrimination against a specific person shall not be made.
(4) Unreasonable competetion with other waste oil disposal business operators shall not
be liable to be caused.
3. The Minister of LIT may when he considers that the coditions of waste oil disposal
reported by an oil disposal business operator other than port administators under
paragraph do not conform to each item of the preceding paragraph order the waste oil
disposal business operator to alter the conditions of waste oil disponsal with a time
limit.
Paragraph 1 of Article 21, except when he makes minor alteration as provided by the
Ministry of LIT Ordinance.
2. The provisions of Article 23 shall mutatis mutandis apply to the approval under the
preceding Paragraph.
3. A waste oil disposal business operator who is a port administrator, when he itends
to alter the matters of item (2) of the Paragraph 1 of Article 21, shall report to the
Minister of LIT to that effect at least thrity days prior to the date of the
commencement of works for alteration of the waste disposal facility (in a case where
works is not required, the date of alteration). However, this shall not apply to the
minor alteration as provided by the Ministry of LIT Ordinance under the proviso of
Paragraph 1.
4. The provision of Article 24 shall mutatis mutandis apply to a case where report
under the provision of the preceding Paragraph is made. In this case, the term "prior to
the inauguration of the business" in the Article shall read "prior to the alteration".
5. A waste oil disposal business operator, when he has made minor alteration
provided by the Ministry of LIT Ordinance under the proviso of the Paragraph 1, shall
report without delay to the Minister of LIT to that effect.
2. A waste oil disposal business operator shall dispose of oil in accordance with the
technical standards provided by the Ministry of LIT Ordinance concerning the method
of waste oil disposal.
3. The Minister of LIT may, when he considers that the waste oil disposal facility in
service for the business or the method of waste oil disposal fails to conform to the
technical standards provided by the Ministry of LIT Ordinance under item (2) of
Article 23 or the preceding Paragraph, order the waste oil disposal business operator
to suspend the use of the waste oil disposal facility in service for the business, repair
or remodel the waste oil disposal facility so as to have it conform to the technical
standards, or dispose of waste oil in accordance with the technical standards.
(Succession)
Article 31.
When a waste oil disposal business operator other than a port administrator has been
succeeded or amalgamated, the successor or the juridical person that continues to
exist after the amalgamation or the juridical person which has been established by the
amalgamation succeeds the status of the waste oil disposal business operator.
2. The person who has succeeded the status of the waste oil disposal business operator
shall report to the Minister of LIT to that effect without delay.
The Minister of LIT may, when a waste oil disposal business operator other than a
port administrator falls under any one of the following items, order to suspend the
business for a definite period of six months or less, or cancel the approval under the
Paragraph 1 of Article 20:
(1) When a violation of this Law or steps taken under this Law has been committed;
(2) When the operator comes under the provisions of item (1) or (3) of Article 22.
2. The Minister of LIT shall, when he intends to order to suspend the business under
the preceding Paragraph, hold a hearing regardless of the procedural classification for
expressing opinions under the provisions of paragraph 1 of Article 13 of the Law for
Administrative Procedure (Law No. 88 of 1993).
3. The trial on the date of the hearing on the steps taken under Paragraph 1 shall be
open to the public.
4. The person in charge of the hearing of the preceding paragraph shall, when any
person having interest in the steps request him to participate in the procedure
concerning the hearing under Paragraph 1 of Article 17 of the Law for Administrative
Procedure, permit him to do so.
3. The provision of Article 24 shall apply mutatis mutandis to a case where report has
been made under Paragraph 1. In this case the term "prior to the inauguration of the
business" shall read "prior to the commencement of waste oil disposal".
or for the method of waste oil disposal, request the Minister of LIT to take measures
under the provision of the Paragraph 3 of Article 30.
3. The Minister of LIT shall notify the Prefectural Governor of the measures he has
taken upon request under the preceding Paragraph.
2. When a ship has been involved in collision, grounding, engine trouble other or
marine accident and there arises danger of a discharge of oil and others mentioned in
each of the items of the preceding Paragraph, the master of the ship shall immediately
report to a nearby agency of the Japan Coast Guard, in accordance with the provisions
of the Ministry of LIT Ordinance, the time, date, and place of the marine accident, its
situation, the measures to be taken to prevent the marine pollution in case where a
discharge of oil and others occurs and other matters. However, this shall not apply to
the case where it is recognized that there is no fear of expansion of the discharged oil
and others beyond the extent provided by the Ministry of LIT Ordinance under the
provise of the paragraph.
3. When a discharge of oil specified in item (1) or (2) of the Paragraph 1 (hereinafter
referred to as "the discharge of specific oil in large quantity in this article) from an
off-shore facility and other facility (including those ashore; hereinafter referred to as
"off-shore facility, etc.") has occurred, the manager of the off-shore facility, etc. shall
immediately report to a nearby office of the Japan Coast Guard, in accordance with
the provisions of the Ministry of LIT Ordinance, the time, date and place of the oil
discharge, the condition of the oil discharge, the measures taken to prevent the marine
pollution and other matters. However, this shall not apply to the case where it is
recognized that there is no fear of expansion of the discharged oil beyond the extent
provided by the Ministry of LIT Ordinance.
4. In case something unusual happened to an off-shore facility, etc., including damage
to the facility, and if oil is liable to be discharged in large quantity from the off-shore
facility, etc., the manager of the off-shore facility, etc. shall immediately report to a
nearby office of the Japan Coast Guard, in accordance with the provisions of the
Ministry of LIT Ordinance, the time, date and place of the unusual happening, the
condition of the unusual happening, measures to be taken to prevent marine pollution
in case of oil discharge and other matters. However, this shall not apply to a case
where it is assumed unlikely, even if oil is discharged that the oil will spread beyond
the extent provided by the Ministry of LIT Ordinance under the proviso of the
Paragraph 1, or where the manager of the off-shore facility, etc. made report under the
(1) The master of the ship which has carried the discharged specific oil or the manager
of the facility that has kept the discharged specific oil ;
(2) A person, other than the person on board the ship of the preceding item and the
person who is an employee of the facility of the said item, who has committed an act
to cause the discharge of specific oil (in case where the person is on board a ship, the
master of the ship).
2. When the discharge of specific oil in large quantity has taken place, the following
persons shall immediately take necessary measures, in accordance with the Ministry
of LIT Ordinance, to remove the discharged specific oil. However, this shall not apply
to the case where a person provided in the preceding Paragraph has taken measures in
accordance with the provision of the preceding Paragraph and the measures are
recognized to be sufficient to remove the discharged oil:
(1) The owner of a ship prescribed in item (1) of the preceding Paragraph ;
(2) The owner of a facility provided in item (1) of the preceding Paragraph ;
(3) In addition to the persons in the preceding two items, the employer of the person
who has committed an act to cause the discharge of specific oil relating to the
business (in case where the person is a crew member of a ship, the owner of the ship).
In a case of the preceding Paragraph, the commandant of the Japan Coast Guard may,
when he considers that the person set out in each item of the Paragraph has not taken
the measures under the paragraph, order the person to take the measures to be taken
under the Paragraph.
4. When the discharge of specific oil in large quantity has been made from a ship in or
near a port, the following persons shall make efforts to assist the persons provided in
the Paragraphs 1 and 2 in taking the measures to be taken in accordance with the said
Paragraphs or to take necessary measures for the removal of the discharged specific
oil in cooperation with them :
(1) The consignor, in case where the port is a port of shipment of the discharged specific
oil ;
(2) The consignee, in case where the port is a port of landing of the discharged specific
oil ;
(3) The manager of the mooring facility, in case where the discharge of specific oil has
been made while the ship is being moored.
Article 39-2.
The Commandant of the Japan Coast Guard may, when the discharge of specific oil in
large quantity has taken place and he considers it necessary to take urgent measures to
remove the discharged specific oil, order the master of a ship in the area where the
measures are to be taken to have his ship leave the area or order the master of a ship
entering the area to suspend the entry or restrict the navigation of ships in the area.
for the carriage of liquid cargo in bulk, those with a cargo hold, the capacity of the
part of which is not less than that specified by the Ministry of LIT Oridnance,
hereafter referred to as "specific tanker") has his specific tanker navigate with bulk
specific oil as cargo in the sea area where specific tankers usually navigate and which
is specified by the Ministry of LIT Ordinance as a sea area involving a possibility of
significant pollution of the sea from the topographical, tidal or any other natural
conditions in the event of a discharge of specific oil, he shall arrange oil recovery
boats or machinery and equipment designed for recovery of specific oil as specified in
the Ministry of LIT Ordinance.
2. The place of arrangement of the oil recovery boats or machinery and equipment for
recovery of specific oil and any other necessary matters concerning the arrangement
shall be provided by the Ministry of LIT Ordinance.
(Shipboard Oil Pollution Emergency Plan for Oil Storage Facilities, etc.)
Article 40-2.
The person specified in each of the following items shall, in accordance with the
technical standards Prescribed by the Minister of LIT Ordinance, make the Shipboard
Oil Pollution Emergency Plan to be implemented immediately by persons in the
facility specified in each item or other persons when oil has been or is likely to be
improperly discharged from the facility or a ship using the mooring facility, and keep
or display it within the facility (or within the office of the manager of the facility if it
is difficult to keep or display it within the facility).
(1) The installer of a facility capable of storing oil landed from or loaded in a ship in a
quantity not less than the quantity prescribed by the Ministry of LIT Ordinance;
(2) The manager of a mooring facility used for
Ministry of LIT Ordinance (excluding mooring facilities exclusively used for mooring
ships other than those prescribed by the Ministry of LIT Ordinance).
2. The Commandant of the Japan Coast Guard may order any of the persons listed in
the items of the preceding paragraph to make, keep or display the Shipboard Oil
Pollution Emergency Plan when he considers that the person has not made, kept or
displayed the Plan in accordance with the technical standards mentioned in the
preceding paragraph.
3. The manager of each facility listed in the items of Paragraph 1 shall every
employee of the facility and non-employees of the facility who are engaged in
operations requiring the handling oil make the matters specified in the Shipboard Oil
Pollution Emergency Plant prescribed in the preceding Paragraph known to.
and Article 40 fails to take these measures or in case he considers that it is difficult to
prevent marine pollution only by measures taken by the persons, have the expenditure
for the measures borne, in accordance with the Ministry of LIT Ordinance, by the
owner of the ship or the installer the off-shore facility, etc. which carried or kept the
discharged oil, noxious liquid substances. wastes or other materials, to such extent as
is provided by the Ministry of LIT Ordinance. However, this shall not apply in case
the discharge of oil, noxious liquid substances, wastes and other materials is made due
to abnormal natural disaster and other causes as are provided by the Ministry of LIT
Ordinance.
2. Article 5 and Article 6 of the Law for Administrative Execution by Proxy (Law No.
43 of 1948) shall apply mutatis mutandis to the collection of the expenditure so borne
under the preceding Paragraph.
3. The liability for the expenditure under the Paragraph 1 may, when the Commandant
of the Japan Coast Guard considers appropriate, be performed in materials equal to
such chemicals and other materials as has been consumed for the measures, instead of
money.
4. In case of Paragraph 1,the owner of the ship or the installer of the off-shore facility,
etc. under the Paragraph has the right to obtain reimbursement for the expenditure
borne in accordance with the Paragraph, against any person who is responsible for the
discharge of oil, noxious liquid substances, wastes and other materials.
5. When the measures taken under the Paragraph 1 falls under the measures provided
by item (6) c of Article 2 of the Law on Liability for Oil Pollution Damage (Law No.
95 of 1975), the preceding Paragraphs shall not apply to the expenditure spent for the
measures (referred to as "measures to prevent oil pollution damages" in Paragraph 2
of Article 42-38). However, when the performance of the liability for the expenditure
spent for the measures is the performance of the liability for the oil pollution damage
under the Paragraph 1 or Paragraph 2 of Article 3 of the same Law, the case shall be
dealt with according to the Paragraph 3.
of the Japan Coast Guard prescribed by the Article, have the expenditure for the
measures borne by the owner of the ship or the installer of the off-shore facility, etc.
which carried or kept the discharged oil, noxious liquid substances, wastes or other
materials, to such extent as is prescribed by the Cabinet Order. However, this shall not
apply to a case under the proviso of Paragraph I of Article 41.
2. The Chiefs, of Government Agencies, etc. Concerned shall, when they intend to
collect the liabilities under the preceding Paragraph, notify the person to pay the
liabilities of the amount of the liabilities, day of payment, method of payment and
other necessary matters.
3. The Chiefs of Government Agencies, etc. Concerned shall, when the person to pay
the liabilities notified under the preceding Paragraph does not pay the liabilities of the
Paragraph by the day of payment, expedite the payment designating time limit.
4. The Chiefs of Government Agencies. etc. Concerned shall, when expedite the
payment under the preceding Paragraph, send a expediting letter to the person to pay.
In this case, the time limit to be designated in the expediting letter shall be a day not
earlier than twenty days reckoning from the day of sending the expediting letter.
5. The Chiefs of Government Agencies, etc. Concerned may, when the person to pay
who has been expedited the payment under Paragraph 3 does not pay the liabilities
and the arrears under Paragraph 7 by the time limit designated, take actions against
the delinquency following the example of actions taken against delinquency of
national taxes.
6. The order of the preferential rights of the money to be collected under the
preceding Paragraph shall follow national taxes and local taxes, and the period of
prescription shall follow the example of national taxes.
7. The Chiefs of Government Agencies, etc. Concerned may, when he has expedited
the payment under Paragraph 3, collect the arrears whose amount is calculated at the
rate of 14.5 of the liabilities per year for the number of days reckoning from the
day after the day of payment to the day before the day of complete payment or the day
of the attachment of property. However, this shall not apply to a case where
unavoidable circumstances are recognized to exist.
time and place of the discharge, quantity of the discharged dangerous substance,
condition of spread of the substance, the ship which has carried the substance, the
off-shore dangerous substance control facility in which the substance has been kept
(an off-shore structure controlling dangerous substance, the same shall apply hereafter)
or other facilities (including those ashore) : However, this shall not apply to the case
where notification has been made in accordance with the Paragraphs 1 to 5 inclusive
of Article 38 of this Law or the Paragraph 1 of Article 23 of the Law on the
Prevention of Disasters in Petroleum Industrial Complexes and Other Petroleum
Facilities.
(1) The master of the ship which carried the discharged dangerous substance or the
manager of the facility which kept the discharged dangerous substance:
(2) The person (other than those in the ship' of the preceding item and employees of the
facility of the same item) who caused the discharge of dangerous substance (in case
he is in a ship, the master of the ship).
2. Any person who has found the situation prescribed in the preceding Paragraph shall
report to the fact without delay to a nearby office of the Japan Coast Guard.
3. In case of Paragraph 1, the person under each item of the Paragraph shall
immediately take emergency measures to prevent subsequent discharge of the
dangerous substance and to prevent the discharged oil from catching fire and at the
same time take measures to call attention of persons and ships in the vicinity of the
scene of the discharge of the dangerous substance.
dangerous substance control facility where the fire has broken out or the ship on board
which the dangerous substance on fire has been carried or the off-shore dangerous
substance control facility or other facilities (including those shore) in which the
dangerous substance on fire has been kept. However, this shall not apply to the case
where notification has been made in accordance with Paragraph 1 to 5 inclusive of
Article 38 or Paragraph 1 of Article 42-2 of this Law or the Paragraph 1 of Article 23
of the Law on the Prevention of Disasters in Petroleum Industrial Complexes and
Other Petroleum Facilities.
(1) The master of the ship on fire at sea or the manager of the off-shore dangerous
substance control facility on fire at sea;
(2) The master of the ship on board which the dangerous substance on fire at sea has
been carried or the manager of the facility in which the dangerous substance on fire at
sea has been kept.
(3) The person (other than those in the ship under the preceding two items and the
employees of the facility under the same items) who caused the fire at sea (in case the
person is in a ship, the master of the ship).
2. In case of the preceding Paragraph, the person under each item of the Paragraph
shall immediately take emergency measures to put out the fire, to prevent the spread
of the fire or to save human life and at the same time take measures to call' attention
of persons and ships in the vicinity of the scene of the fire at sea.
Article 42-4.
Any person who has found a fire at sea shall report the fact without delay to a nearby
office of the Japan Coast Guard.
the Japan Coast Guard may restrict or prohibit the use of fire by any person in the sea
area in danger of fire or order the master of any ship in the sea area to have his ship
leave the area or order the master of any ship entering the sea area to suspend the
entry.
2. The Commandant of the Japan Coast Guard may, when a fire has broken out at sea,
order the master of any ship in the sea area of the fire to have his ship leave the area
or order the master of any ship entering the sea area to suspend the entry.
3. In the cases prescribed in the preceding two Paragraphs, the Commandant of the
Japan Coast Guard may order any person in the sea area to leave the sea area or
prohibit or restrict the entry or departure of any person into or from the sea area.
Article 42-8.
When there is a danger or a possibility of danger to ships' traffic in the vicinity of the
sea area where the discharge of specific oil or dangerous substance or a fire at sea has
caused obstruction to ships' traffic and when he considers it necessary to prevent the
danger to ship's traffic urgently, the Commandant of the Japan Coast Guard may
restrict or prohibit the navigation of ships in or around the sea area.
Article 42-9, 42-10, 42-11, 42-12.
Omitted
(Purposes)
Article 42-13.
The purposes of the Maritime Disaster Prevention Center are to perform the service
for taking measures to prevent occurrence and spread of maritime disasters (hereafter
referred to as "maritime disaster prevention"), the service pertaining to the possession
of ships, machines. Equipments and materials required for maritime disaster
prevention measures and to the training, etc. concerning maritime disaster prevention
measures, and the service contributing to the promotion of international cooperation
concerning maritime disaster prevention and thereby contribute to the protection of
the life, health and property of the people.
Article 42-14.
The Maritime Disaster Prevention Center (hereafter referred to as "the Center") shall
be a juridical person.
Article 42-15-Article 42-35.
Omitted.
(Services)
Article 42-36.
The Center shall perform the following services in order to achieve the purposes of
Article 42-13 :
(1) Taking measures to remove discharged specific oil in accordance with the instruction
of the Commandant of the Japan Coast Guard as provided in the following Article and
collecting the expense spent for the measures in accordance with Article 42-38 :
(2) Preventing the spread of discharged oil and subsequent discharge of oil (referred to
as "discharged oil control" in Article 43-2 and Article 43-3), putting out fire and
preventing the spread of fire by fire-fighting vessels, and taking other measures for
maritime disaster prevention as commissioned by a shipowner or any other person :
(3) Possession of oil recovery boats, machines and equipments for the recovery of oil,
oil booms and other vessels, machines, equipments and materials, necessary for
maritime disaster prevention measures, and furnishing them for use by shipowners
and other persons ;
(4) Training for maritime disaster prevention measures ;
(5) Making research on the machines, equipments and materials necessary for maritime
disaster prevention measures and on the technology concerning the measures and
promulgating the results ;
(6) Collecting, reviewing and providing information on maritime disaster prevention
measures ;
(7) Providing guidance and advice on maritime disaster prevention measures under the
commission of ship owners and other persons ;
(8) Providing guidance and advice on maritime disater prevention measures in foreign
countries, providing foreign trainees with education and training to the trainees from
foreign countries regarding maritime disaster prevention measures, and performing
other services contributing to the promotion of international cooperation concerning
maritime disaster prevention ;
(9) Performing services incidental to the services specified in the preceding items ;
(10) Performing other services necessary for achieving the purposes of Article 42-13 in
addition to those of the preceding items.
2. The Center shall have an approval of the Minister of LIT when it intends to
perform the services under item (10) of the preceding Paragraph.
2. When the Center has taken the measures directed by the Commandant of JCG
under Paragraph 2 of the preceding Article, the State grants the Center the expenses
needed for the measures to the extent prescribed by the Cabinet Order within its
budget. However, this shall not apply to the expenses of the measures which fall
under the measures to prevent oil pollution damage.
3. The provisions of Paragraph 4 and Paragraph 5 of Article 41 and Paragraph 2
through Paragraph 7 of Article 41-3 shall mutatis mutandis apply to Paragraph 1. In
these cases; "Paragraph 1" in Paragraph 4 and Paragraph 5 of Article 41 and
"preceding Paragraph" in Paragraph 2 of Article 41-3 shall be read as "Paragraph 1 of
Article 42-38"; "Preceding Paragraphs" shall be read as "Paragraph 1 of Article 42-38,
preceding Paragraph and Paragraph 2 through Paragraph 7 of Article 41-3 which are
mutatis mutandis applied under Paragraph 3 of the same Article"; and "following the
example of actions taken against delinquency of national taxes" shall be read as "with
the approval of the Commandant of JCG, following the example of actions taken
against delinquency of national taxes"
Article 42-39 -Article 42-53.
Omitted.
abandon the ship, etc., shall, in advance, submit to the Commandant of JCG the
written application for the confirmation on that the plan on the abandonment complies
with the criteria under the proviso of the Paragraph and obtain his confirmation.
3. The Commandant of JCG shall, when he has accepted the written application and
confirmed that the plan on the abandonment complies with the criteria under the
proviso of Paragraph 1, issue the Certificate for Confirming the Abandonment of
Ships, etc. to applicant.
4. A person who has obtained the Certificate for Confirming the Abandonment of
Ships, etc. shall keep the Certificate within ships and other facilities engaged in the
abandonment of the ship, etc. (in case he intends to have the ship, etc. navigate itself
to abandonment, within the ship, etc.)
5. Other than those prescribed in the preceding three Paragraphs, the form of the
written application for the confirmation, the form of the Certificate for Confirming the
Abandonment of Ships, etc. and other matters necessary for the confirmation shall be
prescribed by the Ministry of LIT Ordinance.
6. The provisions of Chapter III and Chapter IV shall not apply to a case where a ship,
etc. is jettisoned from a ship, an off-shore facility or an aircraft.
Article 43-2.
Omitted.
2. The chemicals shall be used appropriately in accordance with their prescription and
the conditions of the pollution of the sea and the situation of the sea area.
any other person who engages in a business like discharge or incineration of oil,
noxious liquid substances, etc. or wastes, which is closely related to prevention of
marine pollution or maritime disaster, so that the person will carry out his business
appropriately in the light of prevention of marine pollution and maritime disaster.
(Exception)
Article 52.
This Law shall not apply to marine pollution by radioactive materials and its
prevention.
(Delegation of Competence)
Article 53.
The matters which belong to the competence of the Minister of LIT or the
Commandant of the Japan Coast Guard may be performed by the Director of a
District Transport Bureau or a District Maritime Bureau or the Commander of a
Regional Coast Guard Headquarters in accordance with Ministry of LIT Ordinance.
2. The Director of the Disrict Transport Bureau or the District Maritime Bureau or the
Commander of a Regional Coast Guard Headquarters may, in accordance with the
Ministry of LIT Ordinance, delegate part of the matters which come under his
competence under the preceding Paragraph to the Chief of a Maritime Branch office
or the Chief of an office of the Regional Coast Guard Headquarters such as a Coast
Guard Office.
Article 54. -Article 54-2.
Omitted.
Article 55.
A person who comes under any of the following items shall be punished with a fine of
not more than 10,000,000 yen:
(1) A person who discharged oil in violation of the provision of Paragraph 1 of Article 4;
mutandis applied under Article 35) or Paragraph 3 of Article 34) or under Paragraph 3
of Article 30 (including a case to which mutatis mutandis applied under Article 35);
(6) A person who violated the order under Article 42-7.
Article 56.
A person who comes under any of the following items shall be punished with a fine of
not more than 1,000,000 yen:
(1) A person who discharged oil in violation of a condition attached or altered by the
Commandant of the Japan Coast Guard under Paragraph 5 of Article 4 (including a
case to which mutatis mutandis applies under Paragraph 4 of Article 18);
(2) A person who violated the provision of Article 11;
(3) A person who violated an order under the Paragraph 2 of Article 17-14 (including a
case to which mutatis mutandis applied.) under Paragraph 3 of Article 17-17;
(4) A person who attached the sign under Paragraph 5 of Article 9 of the Ship's Safety
Law, which is applied mutatis mutandis under Paragraph 1 of Article 17-15, to a
marine pollution prevention device other than one that is confirmed in accordance
with the provision of Paragraph 2 of Article 6-4 of the Ship's Safety Law, which is
applied mutatis mutandis under Paragraph 1 of Article 17-15;
(5) A person who had, by malpractice such as dishonest act, been issued a certificate of
pass under Paragraph 3 or 4 of Article 9 of the Ship's Safety Law which is applied
mutatis mutandis under Paragraph 1 of Article 17-15;
(6) A person who used an incineration system for an incineration of
confirmation-requiring wastes for incineration without taking a survey of Paragraph 1
of Article 19-4;
(7) A person who used an incineration system for an incineration of
confirmation-requiring wastes for incineration in violation of the provision of
Paragraph 1 or 2 of Article 19-7;
(8) A person who failed to make report under Paragraph 2 of Article 20, Paragraph 3 of
Article 28 (including a case to which mutatis mutandis applied) under Article 35 or
Paragraph 1 of Article 34, or a person who made false report;
(9) A person who changed matters under item (2) of Paragraph 1 of Article 21 in
violation of the provision of the Paragraph 1 of Article 28.
Article 57.
A person who comes under any of the following items shall be punished with a fine of
not more than 500,000 yen:
(1) A person who violated the provision of the Paragraph 1 of Article 5-3;
(2) A person who violated the provisions of Paragraph 1 of Article 6, Paragraph 1 of
Article 7, Paragraph 1 or 2 of Article 9-4, paragraph 1 of Article 10-2, Paragraph 1 of
Article 19-2 or Article 39-3;
(3) A person who violated the provision of the Paragraph 4 of Article 9-2;
(4) A person who violated the provisions of the Paragraph 3 of Article 10, Paragraph 3
of Article 19-2-3 or Paragraph 2 of Article 43;
(5) A person who violated the order under the Paragraph 1 of Article 17-14 or Paragraph
1 or 2 of Article 17-17;
(6) A person who violated the order under the Paragraph 1 of Article 33;
(7) A person who failed to make notification under the Paragraphs 1 to 5 inclusive of
Article 38, Paragraph 1 of Article 42-2 or Paragraph 1 of Article 42-3, or a person
who made false notification;
(8) A person who violated the order under Article 39-2 or a person who acted against the
restriction under the Article;
(9) A person who violated the provision of the Paragraph 1 of Article 39-4;
(10) A person who violated the order under Paragraph 2 of Article 40-2;
(11) A person who violated the order, restriction or prohibition under the Paragraph 1 or
3 of Article 42-5 or the order under Paragraph 2 of the Article;
(12) A person who acted against the restriction or prohibition under Article 42-8;
(13) A person who used chemicals in violation of the provision of the Paragraph 1 of
Article 43-4.
Article 58.
A person who comes under any of the following items shall be punished with a fine of
not more than 300,000 yen:
(1) A person who violated the provision of the Paragraph 2 of Article 5-3 or Article 5-4;
(2) A person who violated the provision of the Paragraph 1 or 3 of Article 8, Paragraph 1
or 3 of Article 9-5, Paragraph 1 or 3 of Article 10-3, Article 10-4 Paragraph 1 or 3 or
Article 16, Paragraph 1 or 3 of Article 19, Article 19-2-2, or Paragraph 1 or 3 of
Article 19-9;
(3) A person who failed to make entry of necessary matters in the oil record book,
noxious liquid substances record book, ship board wastes record book wastes disposal
record book or incineration record book under the Paragraph 2 of Article 8, Paragraph
2 of Article 9-5, Paragraph 2 of Article 10-3, Paragraph 2 of Article 16, Paragraph 2
of Article 19 or Paragraph 2 of Article 19-9 or a person who made false entry in the
record book;
(4) A person who violated the provision of the Paragraph 5 of Article 10, Paragraph 5 of
Article 19-2-3 or Paragraph 4 of Article 43;
(5) A person who used a ship registered under Article 11 in violation of the provision of
Paragraph 2 of Article 13 for the discharge of wastes under item (3) or (4) of
Paragraph 2 of Article 10;
(6) A person who failed to report under Article 14, Paragraph 2 of Article 31 or Article
32 (including the cases to which these provisions apply mutatis mutandis under
Article 35), or a person who made false report;
(7) A person who used a ship for navigation in violation of the provision of Article
17-11;
(8) A person who refused, disturbed or evaded an inspection under the Paragraph 1 of
Article 12 of the Ship's Safety Law, which is applied mutatis mutandis under the
Paragraph 2 of Article 17-15 or a person who failed to answer for the enquiry or made
false answer;
(9) A person who failed to make notification under the Paragraph 2 of Article 12 of the
Ship's Safety Law or made false notification;
(10) A person who used an incineration system on board the ship or at the offshore
facility for the incineration of confirmation-requiring wastes for incineration in
violation of the provision of Article 19-8;
(11) A person who disposed of waste oil without report or without compliance with the
reported conditions of waste oil disposal under the Paragraph 1 of Article 26;
(12) A person who failed to comply with the order under the provision of Paragraph 3 of
Article 26;
(13) A person who failed to comply with the order under the provision of Paragraph 2 of
Article 43-5;
(14) A person who failed to make report under the Paragraph 1 through 3 of Article 48
or a person who made false report;
(15) A person who refused, disturbed or evaded the inspection under the Paragraphs 4
through 6 of Article 48, or refused to answer or gave false answers to questions
prescribed in Paragraph 5 of the Article;
(16) A person who refused or evaded the certification under Article 49;
(17) A person who made false report to an office of the Japan Coast Guard that he had
found the fact under Paragraph 7 of Article 38;
(18) A person who made false report to an office of the Japan Coast Guard that he had
found the situation under the Paragraph 1 of Article 42-2 or a fire at sea.
Article 58-2.
Omitted.
Article 58-3.
Omitted.
Article 59.
When a representative of a juridical person or an agent or an employee of a juridical
person or a person violated the provision of Articles 55 through 58 relating to the
functions of the juridical person or the person, the violator shall be punished and, in
addition, the juridical person or the person shall be punished with the penalty under
the each Article.
Article 60.
A person who failed to report under Paragraph 2 of Article 9-6, Article 17, Article
18-2, Paragraph 5 of Article 28 or Article 29 (including the cases to which these
provisions apply mutatis mutandis under Article 35) or a person who made false
report shall be liable to an administrative penalty of not more than 100,000 yen.
Article 61, Article 62.
Omitted.
Article 63.
Deleted.
of ship nationality, etc.") have been seized in connection with the case, and it is
considered that there are sufficient reasons to suspect the master of the ship and other
crew members or the owner of the ship has committed the offense.
2. The matters that shall be notified under the preceding Paragraph shall be as
follows:
(1) The offender shall be released and the ship, the certificate of ship's nationality and
any other articles seized (hereafrer referred to as "articles seized") shall be returned,
without delay. upon offering of bond or a document guaranteeing the offering there of
to the competent Minister as prescribed by the Capinet Order referred to in the
Paragraph 1 of the following Article;
(2) The amount riquired to be offered as bond;
(3) Conditions, if attached under the next Paragraph.
3. In case any of the items given in Paragraph 1 is applicable, an enforcement officer
may attach conditions that necessary measures such as repair of the ship be taken
when releasing offenders or returning articles seized if he considers continued
navigation of the vessel is liable to obstruct the preservation of marine environment.
4. The amount of the bond prescribed in Item (2) Paragraph 2 shall be determind by
the enforcement officer in accordance with criteria laid down by the competent
Minister as prescribed by the Cabinet Order, taking into consideration the type, nature
and other circumstances of the case.
Article 66.
When the bond in the amount notified pursuant to the provision of the Paragraph 1 of
the preceding Article or the document guaranteeing the offering thereof is offered to
the competent Minister as prescribed by the Cabinet Order, the competent Minister
shall, without delay, notify the enforcement officer or public prosecutor to that effect.
2. In case conditions have been attached under Paragraph 3 of the preceding Article,
and when the competent Minister considers that the necessary measures specified in
the Paragraph have been taken, he shall, without delay, notify the enforcement officer
or the public prosecutor of the fact.
3. When the enforcement officer has been notified under Paragraph 1 (in case
conditions have been attached under Paragraph 3 of the preceding Article, when he
has been notified under the preceding two Paragraphs), he shall, without delay,
release offenders and return articles seized.
4. When the public prosecutor has been notified under Paragraph 1 (in case conditions
have been attached under Paragraph 3 of the preceding Article, when he has been
notified under Paragraph 1 and Paragraph 2), he shall, without delay, take steps
required to release offender and return articles seized.
Article 67.
The bond shall be held in the custody of the competent Minister.
2. Where, in the proceeding relating to the case, the offender fails to appear at the
place required on the date required, or the articles seized which were returned but
which the person (party) concerned has been required to produce, are not produced at
the place required on the date required, the bond shall revert to the National Treasury
on the day one month from the day following the aforesaid date, except where
communication is made within one month of the day following the aforesaid date to
the effect that appearance will be made or the aforesaid articles will be produced on a
specified day within three months of the day following the aforesaid date.
3. Where, in cases prescribed by the proviso of the preceding Paragraph, the offender
fails to appear or the aforesaid articles are not produced on the specified day
pertaining to the aforesaid communication, the bond shall revert to the National
Treasury on the day following that day.
4. Where circumstances arise in which custody of the bond is no longer necessary, as
in the case of conclusion of the proceedings relating to case, the bond shall be
returned.
The procedures and other matters needed to enforce the provisions of the preceding
three Articles shall be prescribed by an Ordinance of the competent ministry.
(Duties)
Article 2.
The Japan Coast Guard shall, for the purpose of ensuring safety and order at sea
perform the duties concerning enforcement of laws and regulations at sea, maritime
search and rescue, prevention of maritime pollution, prevention and suppression of
crimes at sea, detection and arrest of criminals at sea, regulation of vessels' traffic at
sea, services concerning hydrography and aids to navigation, other services for
ensuring maritime safety and the services concerning matters incident thereto.
2. Those functions heretofore under the jurisdiction of the Secretariat of the Minister
of Transport. Director General's Secretariat of the General Maritime Bureau of
Ministry of Transport, Bureau of Shipping, Ship Bureau, Bureau for Seafarers,
Commissions for Marine Accidents Inquiry, Lighthouse Bureau, Hydrographic
Bureau or those functions of other administrative authorities which are mentioned in
the preceding paragraph shall be placed under the jurisdiction of the Japan Coast
Guard.
Article 3.
Deleted.
(Functions)
Article 5.
In order to perform the duties under Paragraph 1 of Article 2, JCG shall carry out the
following functions:
(Commandant)
Article 10.
The head of the Japan Coast Guard shall be the Commandant.
2. The Commandant of the Japan Coast Guard shall preside over the Agency affairs
and direct and supervise his subordinate personnel under the direction and supervision
of the Minister of LIT : Provided that regarding the service under the jurisdiction of a
Minister other than Minister of LIT, he shall be under the direction and supervision of
the competent Minister.
Article 11.
Deleted.
Article 14.
The Japan Coast Guard shall have Coast Guard Officers and assistant Coast Guard
Officers.
2. The ranks of the Coast Guard officers and assistant Coast Guard officers shall be
provided by the Cabinet Order.
3. Coast Guard officers shall, by order of superiors, perform the duties prescribed in
the Paragraph 1 of Article 2.
4. Assistant Coast Guard officers shall assist Coast Guard Officers in performing their
duties.
(Coast Guard Officers' Request for Assistance from Nearby Persons, etc.)
Article 16.
Whenever necessary for the performance of the duties mentioned in the item (2) of
Article 5, or for the arrest of a criminal or in any emergency, a Coast Guard officers
may request for assistance from nearby persons and vessels.
A Coast Guard officer may, when necessary for the performance of his duties, direct
the shipmaster or other person commanding a vessel instead of the shipmaster to
produce the ship's official papers which are to be kept aboard under law and order;
stop, visit and inspect the vessel for the purpose of ascertaining her identity, port of
registry, name of the shipmaster, last port or place of departure, port or place of
destination, nature of her cargo, or whether she is loaded or not, and all other
particulars about vessels, cargo and navigation which are deemed important; or
question the crew and passengers on matters necessary for the performance of his
duties.
2. When he visits and inspects a vessel or asks questions as mentioned in the
preceding paragraph, a Coast Guard officer shall be in uniform or carry with him a
certificate identifying official status.
3. The uniform of a Coast Guard officer shall be fixed by the Ministry of LIT
Ordinance.
(5) To restrict or prohibit traffic between vessels or between a vessel and shore;
(6) To stop any act that is likely to endanger human life or body, or seriously damage
property at sea, besides the above itemized measures.
2. When a Coast Guard officer considers it obvious that a crime will be committed at
sea, based on his reasonable judgment from the appearance of a vessel, the way she
sails, the abnormal behavior of crew members, passengers or other persons on board
or other circumstances, or when he considers that public order is likely to be
considerably disturbed at sea and finds no other proper measures available, he may
take the measure mentioned in item (1) or item (2) of the preceding paragraph.
(Carrying of Arms)
Article 19.
Coast Guard officers assistant Coast Guard officers may carry arms with them in
order to perform their duties.
(Use of Arms)
Article 20.
Article 7 of the Law Concerning the Execution of Duties of Police Officials (Law No.
136 of 1948) shall apply mutatis mutandis to the use of arms by Coast Guard officers
and assistant Coast Guard officers.
Deleted.
Article 26.
Deleted.
Article 27.
The Japan Coast Guard, the police authorities, the customs and other administrative
authorities concerned shall maintain liaison and may, when deemed necessary for the
prevention and suppression of crimes and search for and arrest of criminals, consult
and coordinate with each other and request each other to dispatch competent officials
or to render other necessary cooperation.
2. The Japan Coast Guard, the police authorities, the customs and other agencies
concerned shall, when requested under the preceding paragraph, render cooperation as
far as practicable.
(Chain of Command)
Article 28.
In the case prescribed in the preceding Article, the official who has been dispatched
shall be placed under the direction of the administrative authorities who have
requested such dispatch.
Article 28-2.
In accordance with Law Concerning Cooperation for United Nations Peace-Keeping
Operation and Other Operations (Law No. 79 of 1992), the Commandant of the Japan
Coast Guard may, so far as it does not hamper performance of other duties of the
Japan Coast Guard. assign the Japan Coast Guard personnel on board its vessels and
aircraft to International Peace Cooperation Assignments, and upon the request, to the
transport operation.
concerning the personnel of the Japan Coast Guard shall be provided by the Cabinet
Order.
2. The regulations for the classification of personnel mentioned in the preceding
paragraph shall become void, when the classification of personnel based upon the
Law for Public Service Classification System is established.
(Purpose)
Article 1.
The purpose of this Law is to contribute to the safety of traffic at sea and in the air by
arranging results of hydrographic survey and other scientific basic data concerning the
ocean and to contribute to the exchange of international hydrographic information.
(Hydrographic Survey)
Article 2.
"Hydrographic Survey" in this Law shall mean the survey of the water area, the land
area pertaining thereto and the observation of terrestrial magnetism to have the results
utilized for navigation of vessels.
2. The provision of the preceding paragraph shall not be construed as to exclude the
application of the Survey Law (Law No. 188 of 1949).
(Oceanographic Observation)
Article 3.
"Oceanographic Observation" in this Law shall mean the observation of tide, current,
wave, ice drift and any other phenomena related to the above.
(Hydrographic Publication)
Article 4.
"Hydrographic Publication" in this Law shall mean the chart, sailing direction, tide
table, light list, nautical almanac and other hydrographic charts and publications.
to exchange hydrographic data with other countries, and those specified by the
Ministry of LIT Ordinance as being unfit to be conducted in accordance with the
survey standards enumerated in the following items may be conducted in accordance
with the standards prescribed by the Ministry of LIT Ordinance.
(1) The topography and magnitude of the earth shall be based on the following values
estimated by Bessel;
Equatorial radius = 6,337,397.155m.
Flattening or ellipticity = 1:299.152813
(2) The position shall be shown by geographical latitude and longitude;
(3) The original point of survey shall be based on the original point of Japanese latitude
and longitude;
(4) The height shall be shown by the height measured from the mean sea level;
(5) The depth shall be shown by the depth measured from the datum level for soundings;
(6) The dry rock and dry bank shall be shown by the height measured from the datum
level for soundings;
(7) The coast line shall be shown by the boundary between land and sea surface when
the sea has nearly attained its highest high-water level;
(8) The mean sea level and datum level for soundings shall be provided by the Ministry
of LIT Ordinance.
(Removal of Obstacles)
Article 13.
The official of the Japan Coast Guard may, in case of special necessity for conducting
hydrographic survey, cut down or remove plants, fences or stockades, etc. obstructing
the operation, with obtaining, in advance, the permission of the owner or occupant.
Article 14.
In case where the official of the Japan Coast Guard conducts hydrographic survey at
an isolated island or places similar to it, he may cut down or remove plants, fences or
stockades, etc. without obtaining permission regardless of the provision of the
preceding Article, when it is difficult to get the permission of the owner or occupant
in advance and when it is expected that any marked damage is not inflicted upon the
said objects; in this case, he shall notify without delay, the owner or occupant to that
effect.
Article 19.
Any person who is going to start any harbor repair work or any other works causing a
marked change in the coast line, shall notify the Commandant of the Japan Coast
Guard to that effect.
2. The governor of a prefecture shall, in case where he has licensed the fixednet
fishery or the common fishery which was designated by the Minister of LIT, under
the provision of Article 10 or Article 22 of the Fisheries Law (Law No. 267 of 1949),
or he has permitted the fishery designated by the Minister of LIT in accordance with
the regulations of prefecture based on the provision of Article 65 Paragraph 1 of the
said Law, report the following items to the Commandant of the Japan Coast Guard. In
cases where he has annulled or altered the fishery right in accordance with the
provisions of Article 37 to Article 40 inclusive of the said Law, or changed the
reported items, the same shall also apply to those matters:
(1) The fixed position and the term of fixture of the fixed gears in the case of the
fixed-net fishery;
(2) The area of the fishery grounds, the position of the submerged gears and the term of
fixing the submerging gears as designated by the Minister of LIT, in the case of the
common fishery or the fishery permitted.
Article 20.
The master of a vessel shall, in case he has found any sunken object or object
menacing the safety of navigation, or found any phenomenon remarkably different
from the descriptions in hydrographic publications published by the Japan Coast
Guard, notify without delay the Commandant of Japan Coast Guard.
(Publication of Results)
Article 21.
The Commandant of the Japan Coast Guard shall publish the results obtained by the
hydrographic survey or oceanographic observation conducted by the Japan Coast
Guard.
(Presentation of Results)
Article 22.
The person who has obtained any results by conducting the hydrographic survey with
the permission in accordance with the provision of Article 6 shall submit, without
delay, a copy of the survey record to the Commandant of the Japan Coast Guard.
Article 23.
In case where any person other than the Japan Coast Guard has found, from the results
of the oceanographic observation he has conducted, any phenomenon remarkably
different from the description in hydrographic publications published by the Japan
Coast Guard, he shall notify the Commandant of the Japan Coast Guard without delay
to that effect.
2. The Commandant of the Japan Coast Guard shall give approval to the publication
under the preceding paragraph as long as it does not impede the security of safety at
sea.
Chapter V. Deleted
Article 27.
Deleted.
Article 28.
The person who has violated the provision of Article 16 shall be punished with an
imprisonment not exceeding one year or with a fine not more than 50,000 yen.
Article 29.
Any person who comes under any of the following items shall be punished with a fine
not more than 30,000 yen:
(1) Any person who has refused or interfered the entry under the provision of Article 12;
(2) Any person who has violated the provision of Article 18;
(3) Any person who has conducted an operation without getting approval or permission
which ought to be approved or permitted in accordance with the provision of Article
24 or Article 25.
Article 30.
In case where any representative of a juridical person, proxy, employee, or the other
worker of a juridical person or of a natural person commits the violation under the
provision of the preceding Article item (3) for the business of the juridical person or
the natural person, not only the offender shall be punished, but the juridical person or
the natural person concerned shall be liable to a fine under the same Article, unless it
is proved that due care and supervision has been exercised in connection with the
business of said juridical or natural person in order to prevent such violation by the
proxy, employee, or other worker thereof.
Ordinance, any person other than the Japan Coast Guard may establish or administer
aids to navigation at his own expense for use in his enterprise or business.
Article 3.
The owner or administrator of the aid to navigation established with the permission
obtained under the proviso of the preceding Article, shall make efforts so that the
functioning of the aid may not be hampered by any trouble.
2. When the aid to navigation established by a person other than the Japan Coast
Guard becomes inoperative due to cause for which the owner or administrator is
responsible or any other cause which is commonly foreseeable, and the safety of
shipping traffic is thereby hindered, the Commandant of the Japan Coast Guard may
order the owner or administrator to take necessary steps for the removal of such
hindrance.
Article 4.
In addition to the case mentioned in Paragraph 2 of the preceding Article, the
Commandant of the Japan Coast Guard may, when it is deemed necessary for the
safety of shipping traffic, order the owner or administrator of the aid to navigation
established by a person other than the Japan Coast Guard to improve or remove such
aid or shift it to other place or to take other necessary steps.
2. The Commandant of the Japan Coast Guard may, when it is deemed particularly
necessary for the safety of shipping traffic, directly administer or expropriate the aid
to navigation established by a person other than the Japan Coast Guard, in accordance
with the provisions of the Ministry of LIT Ordinance.
of the Japan Coast Guard in accordance with the provisions of the Ministry of LIT
Ordinance.
2. The Administrator referred to in the preceding paragraph shall, when any change
has been made in the present condition of the aid to navigation under his care, report
immediately to the Commandant of the Japan Coast Guard to that effect in accordance
with the provisions of the Ministry of LIT Ordinance.
(Restrictions on Plants)
Article 10.
No one shall plant in the vicinity of an aid to navigation any plant which would
disturb the sight of such aid to navigation.
2. The Commandant of the Japan Coast Guard may order any person who has the
responsibility for the plant planted in violation of the provision of the preceding
paragraph to remove or replant that part of the plant which is causing hindrance to the
aid to navigation, or to take other necessary steps. This shall also apply to the case
where a plant has grown up to disturb the sight of the aid to navigation.
3. When a plant which existed at the time of establishment of an aid to navigation
disturbs or has come to disturb the sight of the aid to navigation, the Commandant of
the Japan Coast Guard may order the person who has the responsibility for the plant
to remove or replant that part of the plant which is causing hindrance to the aid, or to
take any other necessary steps.
(Restrictions on Vessels)
Article 11.
No vessel (including a lighter, raft or other structure similar to a vessel; this shall
apply correspondingly in the following paragraphs) shall navigate unnecessarily too
close to an aid to navigation in such a way that it is likely to cause damage to the aid
to navigation.
2. No vessel shall be moored to an aid to navigation.
3. No vessel shall be anchored or shall stay at a place where the existence of such
vessel would disturb the sight of an aid to navigation or where such vessel is likely to
come in contact with an aid to navigation.
(2) Any person who has incurred loss shall present to the Commandant of the Japan
Coast Guard a written application in which the amount of compensation to be claimed
shall be stated;
(3) Upon receipt of the application under the preceding item, the Commandant of the
Japan Coast Guard shall determine the amount of compensation without delay. In this
case, the Commandant of the Japan Coast Guard shall first conduct an administrative
hearing giving a notice in advance of the date and place of such hearing to the
applicant.
2. Any person who is dissatisfied with the decision under the item (3) of preceding
paragraph may make an appeal to demand the increase of the amount of the
compensation within three months from the day when he was aware of the decision.
3. For making the appeal under the preceding paragraph, the state shall be the
defendant.
(Penal Provisions)
Article 16.
Any person who has violated the provision on Article 11 shall be punished with a fine
not exceeding ten thousand yen.
Article 17.
Any person who comes under any one of the following items shall be punished with a
fine not exceeding five thousand yen.
(1) Any person who has failed to obey the order issued under Article 8 Paragraph 2,
Article 9 Paragraph 2 or Article 10 Paragraph 2 or Paragraph 3;
(2) Any person who has violated the provision of Article 12.