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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 VI Measures to Prevent Marine Pollution and Maritime Disaster
 
(Report on Discharge of Oil and Others and Other Matters)
Article 38.
When the following oil and other substances (hereafter referred to as "oil and others" in this Article) discharge from a ship occurs, 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 discharge, the condition of the 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 and others beyond the extent provided by the Ministry of LIT Oridnance:
(1) The discharge of the low evaporative oil provided by the Ministry of LIT Ordinance (hereafter referred to as "specific oil") whose density and quantity is not less than the criteria provided by the Ministry of LIT Ordinance (hereafter referred to as "the discharge of specific oil in a large quantity");
(2) The discharge of oil (excluding the discharge of specific oil in a large quantity) whose density and quantity is not less than the criteria provided by the Ministry of LIT Ordinance;
(3) The discharge of noxious liquid substances and others whose quantity is not less than that for each kind of noxious liquid substances and others provided by the Ministry of LIT Ordinance;
(4) The discharge of the substances provided by the Ministry of LIT Ordinance as harmful to marine environment and carried not in bulk, whose quantity is not less than that for each kind of the substances provided by the Ministry of LIT Ordinances.
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 Paragraph 1 of Article 23 of the Law on the Prevention of Disaster in Petroleum Industrial Complexes and Other Petroleum Facilities (Law No. 84 of 1975).
5. When discharge of oil in large quantity has occurred, the person other than those who are on board the ship of Paragraph 1 or employee of the off-shore facility, etc. of Paragraph 3, who has committed an act to cause the discharge of oil in large quantity (the master of the ship when the person is on board) shall report following the provisions of Paragraph 1 or 3.
However, this shall not apply to a case where it is clear that the master of the ship under paragraph 1 or the manager of the facility under the preceding paragraph has reported.
6. The owner of a ship of Paragraph 1 or 2, the other person who has the right concerning operation of the ship or the installer of the off-shore facility, etc. of Paragraph 3 or 4 shall, when he is requested to give information necessary to prevent marine pollution by the discharge of oil and others or the marine accident provided under the Paragraphs 1 to 4 inclusive by an authority of the Japan Coast Guard, shall do so as far as possible.
7. A person who has found oil having spread beyond the extent as provided by the Ministry of LIT Ordinance under the proviso of Paragraph 1, shall report, without delay, to a nearby agency of the Japan Coast Guard to that effect.
 
(Removal of Discharged Specific Oil in Large Quantity)
Article 39.
When a discharge of specific oil in large quantity has taken place, the following persons shall, in accordance with the Ministry of LIT Ordinance, immediately take emergency measures for the prevention of spread of the discharged specific oil and subsequent discharge of specific oil and for the removal of the discharged specific oil (hereafter "the prevention of specific oil spread and subsequent specific oil discharge and the removal of discharged specific oil "is referred to as" removal of discharged specific oil" or "to remove discharged specific oil") :
(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.
 
(Materials for the Removal of Discharged Specific Oil)
Article 39-3.
The following persons shall, in order to take measures to remove discharged specific oil when specific oil has been discharged from the ship, the facility, or a ship using the mooring facility, keep in accordance with the Ministry of LIT Ordinance, oil booms, chemical and other materials in the ship, the facility, or a place provided by the Ministry of LIT Ordinance. However, this shall apply with regard to a ship under the following item (1) only when the ship is navigating in a port or bay or other sea areas provided by the Ministry of LIT Ordinance :
(1) The owner of a ship provided by the Ministry of LIT Ordinance ;
(2) The owner of a facility which can hold the specific oil landed from a ship or to be shipped, in such a quantity or more as provided by the Ministry of LIT Ordinance ;
(3) The manager of a mooring facility which can moor the ship provided in the item (1) (excluding the mooring facility exclusively used for ships other than the ship provided in the item (1)).
 
(Arrangement of Oil Recovery Boats, etc.)
Article 39-4.
When the owner of a tanker of the gross tonnage specified by the Ministry of LIT Ordinance or more (as for a tanker the part of the cargo hold of which has a structure 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.
 
(Removal of Oil Noxious Liquid Substances, Wastes and Other Materials)
Article 40.
The Commandant of the Japan Coast Guard may, when the sea has been polluted by discharged oil noxious liquid substances, wastes and other materials (except specific oil, the same in this Article and item (2) of Paragraph 41-2), and the pollution has give or is feared to give a remarkable damage to the preservation of marine environment and it is recognized that the prevention of the pollution is urgently required, order the person who is recognized to have discharged the oil noxious liquid substances, wastes and other materials which caused the pollution to take necessary measures to prevent the pollution such as removing the oil noxious liquid substances, wastes and other materials in accordance with 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  mooring ships prescribed by the 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.
 
(Liability for Expenditure for Measures Taken by the Commandant of Japan Coast Guard)
Article 41.
The Commandant of the Japan Coast Guard may, when he has taken measures to remove discharged oil, noxious liquid substances, wastes and other materials and other necessary measures to prevent marine pollution in case persons who are required to take measures under the Paragraph 1 through Paragraph 3 of Article 39 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.
 
(Request for Removal Measures to the Chiefs of Government Agencies, etc. Concerned)
Article 41-2.
The Commandant of the Japan Coast Guard may, when he considers specifically necessary in the following cases, request the Chiefs of Government Agencies or Chiefs of Local Government Agencies (including Port and Harbor Bureaus) and other executive organizations (hereafter referred to as "the Chiefs of Government Agencies, etc. Concerned), in accordance with the Cabinet Order, to remove the discharged oil, noxious liquid substances, wastes and other materials and take other measures to prevent marine pollution.
(1) In a case where the person who must take the measures under Paragraph 1 through Paragraph 3 of Article 39 and Article 40 does not take the measures, or it is considered difficult to prevent marine pollution only by the measures taken by them.
(2) In an ease where a foreign ship in the sea area outside Japanese territorial sea prescribed by the Cabinet Order (hereafter referred to as "specific foreign ship" in this item and Paragraph 2 of Article 42-37) has discharged specific oil in large quantity or the discharge from a specific foreign ship falls under the provision of Article 40, and the owner of the specific foreign ship and the person under item(3) of Paragraph 2 of Article 39 or the person who is recognized to have discharged oil, noxious liquid substances, wastes or other materials from the specific foreign ship does not take necessary measures to prevent marine pollution, or it is considered difficult to prevent marine pollution only by the measures taken by them.
 
(Liability for Expenditure for Measures taken by the Chiefs of Government Agencies, etc. Concerned)
Article 41-3.
The Chiefs of Government Agencies, etc. Concerned may, in a case under item (1) of the preceding Article, when they have taken measures requested by the Commandant 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.
8. The provisions of Paragraph 3 through Paragraph 5 of Article 41 shall mutatis mutandis apply to a case under Paragraph I of this Article. In this case, "Paragraph 1" in the provisions of Paragraph 3 through Paragraph 5 of the Article shall be read as "Paragraph I of Article 41-3" and "the preceding Paragraphs" in Paragraph 5 of the Article shall be read as "Paragraph I through Paragraph 7 of Article 41-3 and preceding two Paragraphs mutatis mutandis applied under Paragraph 8 of the Article".
 
(Measures to be Taken Against the Discharge of Dangerous Substance)
Article 42.
The Commandant of the Japan Coast Guard may, when an enormous quantity of specific oil discharged into the coastal waters of Japan has heavily polluted the sea and in wide coastal waters the pollution gives a remarkable im-pediment to the preservation of marine environment, injures human health, afflicts heavy damage to property or makes business activities difficult, or the pollution is feared to cause these impediments, and when he considers it necessary to take urgent measures to remove the discharged specific oil for the prevention of these impedi-ments, destroy the ship which carried the discharged specific oil, burn up the discharged specific oil and dispose of the property in the waters near the scene of the discharged specific oil, to the extent as may be indispensable for taking measures to remove the discharged specific oil.
 
(Measures to be Taken Against the Discharge of Dangerous Substance)
Article 42-2.
In case where dangerous substance has been discharged (including case where such substance has been discharged into the air over the sea area, hereafter the same shall apply in this Article, the Paragraph 1 of Article 42-5, Article 42-8 and the Paragraph 1 of Article 42-9), and the discharged dangerous substance is in danger of catching fire, the following person shall immediately report to a nearby office of the Japan Coast Guard, in accordance with the Ministry of LIT Ordinance, matters concerning the date, 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.
 
(Measures to be Taken When a Fire Has Broken Out at Sea)
Article 42-3.
In case where a ship carrying dangerous substance as cargo in bulk, an off-shore dangerous substance control facility or any dangerous substance has caught fire at sea, the following person shall immediately notify a nearby office of the Japan Coast Guard, in accordance with the Ministry of LIT Ordinance, of the matters concerning the date, time and place of the fire, the condition of the fire, and the ship or off-shore 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.
 
(Restrictions on Acts, in case of an Emergency)
Article 42-5.
In a case where the discharge of dangerous substance has taken place and there is a great danger of fire at sea caused by the discharged dangerous substance and further there is a danger of serious disaster if a fire has taken place at sea, the Commandant of 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.
 
(Disposal of a Ship Which Has Caught Fire and Others)
Article 42-6.
The Commandant of the Japan Coast Guard may use, shift, dispose of or restrict the use of the ship, the off-shore dangerous substance control facility or any other property which has caught fire or is about to catch fire, when it is necessary to put out fire, prevent the spread of fire or save human life ; and may use, shift, dispose of or restrict the use of the ship, the off-shore dangerous substance control facility or any other property in a sea area which is in danger of catching spreading fire, when he considers it inevitable to prevent the spread of fire.
 
(Prevention of Danger to Ships' Traffic)
Article 42-7.
When there is a danger to ships' traffic in the vicinity of the sea area where ships' traffic is hampered by a fire of a ship at sea or when he considers that there is a possibility of such danger, the Commandant of the Japan Coast Guard may order the owner of the ship to tow the ship on fire to a sea area where no more danger of maritime disaster and obstruction to ships' traffic by the fire of the ship is feared to take place.
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








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