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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
3. Port Regulations Law
(1) Port Regulations Law (Law No. 174 of 1948 as amended through Law No. 90 of 1995)
Chapter I. General Provisions
 
(Purpose)
Article 1.
The purpose of this Law is to ensure the safe navigation of vessels and maintenance of good order in ports.
 
(Ports and Areas of the Ports)
Article 2.
Ports to which this Law applies and areas of the ports shall be defined by the Cabinet Order.
 
(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.
Chapter II. Entrance,Departure and Berthing
 
(Report on Entrance and Departure)
Article 4.
A vessel which has entered a specified port or a vessel which intends to depart from a specified port shall make a report to the Captain of the Port in accordance with the Ministry of LIT Ordinance.
 
(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 Entrance at Night)
Article 6.
A vessel prescribed by the Ministry of LIT Ordinance under the provision of Paragraph 2 of the preceding article shall not, except in the case where the permission of the Captain of the Port has been obtained or where the vessel intends to avert marine accident or where there exist unavoidable circumstances, enter any of the ports under the paragraph during the period between sunset and sunrise.
 
(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.
 
(Repairing and Laying-up)
Article 8.
A person intending to repair or lay up a vessel other than miscellaneous vessels in a specified port shall make a report to the Captain of the Port to that effect.
2. In a specified port, a vessel under repair or a laid-up vessel shall be berthed at a place designated by the Captain of the Port.
3. The Captain of the Port may, when deems necessary for preventing danger, order that necessary number of mariners shall be boarded the vessel under repair or the laid-up vessel.
 
(Restrictions on Mooring, etc.)
Article 9.
Within a port, any miscellaneous vessel and raft shall not, without justifiable reasons, be moored to a mooring buoy or another vessel, be berthed or be kept staying at such a place as to threaten the safe traffic of other vessels.
 
(Order for Shifting Berth)
Article 10.
The Captain of the Port may, when deems necessary, order a vessel in a specified port to shift.
 
(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.
Chapter III. Passages, and Steering and Sailing Rules
 
(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.
 
(Steering and Sailing Rules)
Article 14.
 A vessel intending to enter a Passage from outside or go outside from the Passage shall keep out of the way of any other vessel navigating the Passage.
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.
Chapter IV. Dangerous Goods
 
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.
Chapter V. Maintenance of Channel
 
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.
Chapter VI. Lights and Signals
 
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.
Chapter VII. Miscellaneous
 
(Permission for Works and Report on Launching, etc.)
Article 31.
A person who intends to do construction or works within a specified port or in the vicinity of the boundary of the 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.
Article 32.
A person who intends to hold a boat race or any other event within a specified port shall obtain permission in advance from the Captain of the Port.
Article 33.
A person who intends to launch, dock or undock a vessel whose length is not shorter than that prescribed by the Ministry of LIT Ordinance within an area of a specified port prescribed by the Ministry of LIT Ordinance shall report to the Captain of the Port to that effect.
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.
 
(Restriction on Smoking, etc.)
Article 36-2.
No person may smoke or use fire without due care in the vicinity of an oil tanker within a port.
2. The Captain of the Port may, when inflammable liquid is floating within a specified port as a result of a marine accident or under other circumstances and he considers that there is a danger of fire, restrict or prohibit smoking or using fire by any person in the area. However, this shall not apply in the cases where Article 42-5 Paragraph 1 of the Law Relating to Prevention of Marine Pollution and Maritime Disaster shall be applied.
 
(Restriction on Vessels' Traffic, etc.)
Article 36-3.
A vessel navigating a waterway prescribed by the Ministry of LIT Ordinance within a specified port shall be subject to traffic signals made by the Captain of the Port at a signal station.
2. A vessel whose gross tonnage is not under that prescribed by the Ministry of LIT Ordinance shall, when she intends to navigate the waterway under the preceding paragraph, notify the Captain of the Port of the estimated time of arriving at the waterway in accordance with the Ministry of LIT Ordinance.
3. The location of the signal station under Paragraph 1 and the methods and meanings of signals shall be defined by the Ministry of LIT Ordinance.
Article 37.
The Captain of the Port may, when he considers necessary for the safety of vessels' traffic, restrict or prohibit the traffic of vessels designating Passages and areas within a special port.
2. The Captain of the Port shall make an announcement of the designated Passages and areas, and the duration of the restriction and the prohibition under the preceding paragraph.
3. The Captain of the Port may, when a danger to vessels' traffic or the congestion of vessels' traffic within a specified port is anticipated because of a marine accident or under other circumstances and he considers necessary for preventing danger or relieving traffic congestion in the area, restrict or prohibit navigation of vessels proceeding to the area so far as it is necessary. However, this shall not apply in cases where Article 42-8 of the Law Relating to Prevention of Marine Pollution and Maritime Disaster shall be applied.
 
(Regulations on Nuclear-Powered Vessels)
Article 37-2.
When instructions has been given by the Minister of LIT under the provision of Article 36-2 Paragraph 4 of the Law Concerning Regulation of Nuclear Raw Materials, Nuclear Fuel Substances and Nuclear Reactors (Law No. 166 of 1957) or when deemed necessary for preventing disasters from nuclear fuel substances (including used fuel; hereafter the same) or from any substances contaminated by nuclear fuel substances (including nuclear fission products) or from nuclear reactors, the Captain of the Port may designate for a nuclear-powered vessel in a specified port or in the vicinity of the boundary of a specified port, the route to be followed or the place to berth or stay, indicate steering and sailing rules, restrict shifting of the vessel or may order the vessel to leave the specified port or the vicinity of the boundary of the specified port.
2. The provision of Article 21 Paragraph 1 shall apply mutatis mutandis to the case where a nuclear-powered vessel intends to enter a specified port.
 
(Provisions Applicable Mutatis Mutandis)
Article 37-3.
The provisions of Article 10, Article 26, Article 29, Article 31, Article 36 Paragraph 2, Article 36-2 Paragraph 2, Article 36-3, Article 37 and Article 37-2 shall apply mutatis mutandis to a port other than specified ports. In these cases the authority of the Captain of the Port shall be delegated to the Chief of the Coast Guard Office or another office of the Regional Coast Guard Headquarters prescribed by the Ministry of LIT Ordinance which has jurisdiction over the port.
 
(Exceptional Cases Where the Administrative Procedure Law Is Not Applied)
Article 37-4.
The provisions of Chapter 3 of the Administrative Procedure Law (Law No. 88 of 1993) shall not apply to measures prescribed in Article 10 (including cases where the same article is applicable mutatis mutandis under the preceding article), Article 21 Paragraph 1 (including cases where the same paragraph is applicable mutatis mutandis under Article 32 Paragraph 2 (including cases where the same paragraph is applicable mutatis mutandis under the preceding article )), or to measures prescribed in Article 36-2 Paragraph 2 or Article 37 Paragraph 3 (including cases where the same paragraphs are applicable mutatis mutandis under the preceding article).
2. Besides measures mentioned in the preceding paragraph, the provisions of Chapter 3 of the Administrative Procedure Law shall not apply to measures that are prescribed by ordinances based on this law and taken on the spot to ensure the safety of marine traffic in a port or to maintain order in a port.
Chapter VIII. Penal Provisions
 
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;
(2) Anchoring without receiving an anchorage designation under Article 5 Paragraph 2 or anchoring at a place other than the anchorage designated under Paragraph 4 of the Article;
(3) Violation of Article 7 Paragraph 1, Article 12, Article 13 or Article 36-3 Paragraph 1 (including the cases to which the provisions mutatis mutandis apply under Article 37-3);
(4) Violation of the Captain of the Port's orders issued under Article 8 Paragraph 3, Article 10 or Article 37 Paragraph 1 or Paragraph 3 (including the cases to which the provisions mutatis mutandis apply under Article 37-3).
Article 40.
A person who violates Article 25 shall be punished with imprisonment at forced labor for not more than three months or a fine not more than thirty thousand yen.
Article 41.
A person who comes under any of the following items shall be punished with imprisonment at forced labor for not more than three months or a fine not more than thirty thousand yen:
(1) A person who violates the Captain of the Port's orders issued under Article 24 Paragraph 3, Article 26, Article 31 Paragraph 2 or Article 36 Paragraph 2 (including the cases to which the provisions mutatis mutandis apply under Article 37-3);
(2) A person who violates Article 24 Paragraph 1 or Article 31 Paragraph 1 (including the cases to which the provisions mutatis mutandis apply under Article 37-3).
Article 41-2.
A person who violates the Captain of the Port's order issued under Article 36-2 Paragraph 2 (including the cases to which the provisions mutatis mutandis apply under Article 37-3) shall be punished with a fine not more than thirty thousand yen.
Article 42.
A person who violates Article 4, Article 6, Article 8 Paragraph 2, Article 21 or Article 35 shall be punished with a fine not more than ten thousand yen or a minor fine.
Article 43.
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)








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