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JAPAN COAST GUARD LAWS AND REGULATIONS

 事業名 国際的海上保安業務の推進
 団体名 海上保安協会 注目度注目度5
Chapter III Prevention of Danger
(Construction Works, etc. in Traffic Routes and Adjacent Sea Areas Thereof)
Article 30.
Any person coming under any of the items enumerated below shall obtain permission of the Commandant of the Japan Coast Guard for the works referred to in each of the items: Provided that this shall not apply to ordinary maintenance work, minor work or other works prescribed in the Ministry of LIT Ordinance.
(1) A person who intends to carry out construction or similar operations in the traffic routes or adjacent sea areas thereof specified in the Cabinet Order;
(2) A person who intends to set up structures (including alteration of size, shape or location of the existing structures; hereafter the same) in the sea areas referred to 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 shall grant the permission of the preceding paragraph when an application is made for the permission and when the works involved in the application comes under any of the following items:
(1) The works for which the application has been made are not deemed to involve risk of constituting an obstacle to ships' traffic;
(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.
 
(To Order Violators to Take Necessary Steps)
Article 32.
The Commandant of the Japan Coast Guard may order any person falling under any one of the following items to suspend the works or operations involving the violation, remove, relocate or repair the structure involving the violation, or take such steps as are ncessary to prevent or eliminate obstacles to ships' traffic in connection with the works or operations involving the violation or setting up the structure involving the violation (Any person coming under item (4) may be ordered to take steps necessary to prevent danger to ships' traffic):
(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.
 
(Steps to be Taken upon Marine Accident)
Article 33.
Whenever there arises danger or thereatening danger to ships' traffic due to a marine accident, the master of the vessel involved in the marine accident shall, as provided for in the Ministry of LIT Ordinance and as promptly as possible, set up marking or take other emergency steps necessary to prevent danger to ships' traffic and notify the Commandant of the Japan Coast Guard of the outline of the accident and the steps that have been taken: Provided that this shall not apply to the case where the provisions of Article 25 of the Port Regulations Law shall apply.
2. The master of the vessel under the preceding paragraph is not required to notify in accordance with the paragraph of such matters as have been notified in accordance with the provisions of 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).
3. When the master has failed to take the steps under Paragraph 1 or when the Commandant of the Japan Coast Guard deems that the steps taken by the master under the provisions of the paragraph alone are not sufficient to prevent danger to ships' traffic, the Commandant of the Japan Coast Guard may order the owner (or the ship's husband in the case of a vessel jointly owned, or the charterer if the vessel is being bareboat-chartered) of the vessel which is constituting a cause of danger to ships' traffic (or, if an object other than a vessel is constituting a cause of danger to ships' traffic, then the vessel that has carried the object on board or the vessel that has towed or 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.
Chapter IV. Miscellaneous Provisions
 
(Charting of Traffic Routes, etc.)
Article 34.
Of the charts that are published by the Japan Coast Guard, those which are designated by the Commandant of the Japan Coast Guard are to show the boundaries specified in the Cabinet Order mentioned in Article 1 Paragraph 2, the traffic routes, the sections of traffic routes referred to in Article 5 and Article 9, the central lines of Uraga Suido Traffic Route, Akashi Kaikyo Traffic Route and Bisan Seto East Traffic Route, the tracks designated under Article 25 Paragraph 1 and the sea areas of Article 28 Paragraph 1.
 
(Establishment of Aids to Navigation to Indicate Traffic Routes, etc.)
Article 35.
The Commandant of the Japan Coast Guard is, as provided for in the Ministry of LIT Ordinance, to establish aids to navigation which shall serve as marks to indicate the traffic routes, the sections of traffic routes mentioned in Article 5 and Article 9, the central lines of Uraga Suido Traffic Route, Akashi Kaikyo Traffic Route and Bisan Seto East Traffic Route, and the tracks designated under Article 25 Paragraph 1.
 
(Inviting Opinions of the Council)
Article 36.
The Minister of LIT shall invite the opinions of the Council provided for in The Cabinet Order on important matters related to the enforcement of this Law and pay regard to the opinions.
 
(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.
 
(Exceptions of Administrative Procedure Law)
Article 37-2.
The provisions of Chapter III of Administrative Procedure Law (Law No. 88, 1993) shall not apply to the direction under Article 14 Paragraph 3 (including cases where the same provisions shall be applicable mutatis mutandis under Article 18 Paragraph 4).
 
(Entrusting of Necessary Procedures to Ministry of LIT Ordinance)
Article 38.
In addition to the matters prescribed in this Law, procedures and other matters necessary for the enforcement of this Law shall be provided for in the Ministry of LIT Ordinance.
 
(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.
Chapter V. Penal Provisions
 
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 Traffic Routes Sea Areas
Uraga Suido Traffic Route The sea area extending from the south of Naka-no-Se in Tokyo Wan to the offing of Kurihama Wan
Naka-no-Se Traffic Route The Sea area lying on the eastern side of Naka-no-Se, Tokyo Wan
Irago Suido Traffic Route Irago Suido
Akashi Kaikyo Traffic Route Akashi Kaikyo
Bisan Seto East Traffic Route The Portion of Seto Naikai which extends form the offing of Jizo Saki of 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 North Traffic Route 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 Traffic Route The portion of Seto Naikai which extends from the area between O-Yo 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 Traffic Route The portion of Seto Naikai which extends from the area between OShima and Imabari Ko to the south of Oge Shima through Kurushima Kaikyo








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更新日: 2017年10月21日

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