As of July 1, 1995, there is a total of 1,102 ports and harbours in Japan. Construction, improvement, management and operation of these ports and harbours are in the hands of port management bodies as stipulated by the Ports and Harbours Law.
In Japan, management and operation of ports and harbours are supported by various national laws including, other than the Ports and Harbours Law, the law providing for the sharing of costs of ports for the system of port construction and improvement by parties other than port management bodies and the law establishing various regulations and rules for safety of navigation in ports and harbours. Among these laws, the Ports and Harbours Law is particularly important, as it is basic to governing the orderly development and proper management of ports and harbours, etc.
2 Organizations responsible for Improvement and Management of Ports and Harbours
The responsibility for improvement and management of ports and harbours is vested in a special organization called a port management body which is established mainly by a local government. Establishment of the port management body by a local government takes one of the following three systems: They are (1) the system in which an organization called a port authority is established by a local government itself or jointly with other local government; (2) the system in which an association aimed partly at administrative functions is established by a local government jointly with other local governments and (3) the system in which a local government becomes the port management body. To establish a port management body, the local government concerned is, first of all, subject to the decision of its assembly in the selection of one of the aforementioned systems.
Although the provisions of the Ports and Harbours Law are worded in expectation of port management by the port authority as referred to in system (1) in order to both secure political neutrally of port management and to realize enterprise-like management, port management in this form is not prevalent in Japan because of financial difficulty for self-supporting and operational limitations. In establishing a port management body, the local government concerned must designate a certain water area which may be required for management and operation of the port.
The designation of a port area must be approved by the Minister of Transport and the Prefectural Governor concerned and must also be agreed upon by other local governments concerned. Establishment of a port management body may then proceed when an agreement has been obtained from each of the other local governments concerned.
3 Classification of Ports and Harbours
Ports and harbours in Japan are classified mainly into two categories, namely, major ports and local ports. Since some major ports and local ports are further classified into designated major port and shelter port respectively, it can be said that ports and harbours in Japan are actually classified into four categories, namely, designated major port, major port other than designated major port, port of refuge and local port other than port of refuge.
(1)Designated Major Ports
Major ports which are specially important for the promotion of foreign trade, are classified as "Designated Major Port". At present, there are 21 designated major ports in Japan. Since these designated major ports occupy highly important positions among major ports for the promotion of foreign trade and play a vital role in the growth of the Japanese economy, they are granted a higher rate of state subsidies than ordinary major ports for construction and improvement of key port facilities such as water facilities, protective facilities, and mooring facilities.
