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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
IV. Law for Hydrographic Activities (Law No. 102 of 1950 as amended through Law No. 85 of 1995)
Chapter I. General Provisions
 
(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.
 
(Aeronautical Charts and Publications)
Article 4-2.
"Aeronautical charts and publications" in this Law shall mean the aeronautical charts, air almanac, and other aeronautical charts and publications.
 
(Hydrographic Survey Mark)
Article 5.
"Hydrographic Survey Mark" in this Law shall mean the mark established for the hydrographic survey or oceanographic observation operated by the Japan Coast Guard or by persons permitted by the Japan Coast Guard in accordance with the provision of Article 6.
2. The kind and shape of the hydrographic survey mark shall be determined by the Ministry of LIT Ordinance.
Chapter II. Operation of Hydrographic Survey and Oceanographic Observation
 
(Surveys Operated by Persons Other than the Japan Coast Guard)
Article 6.
Any person other than the Japan Coast Guard who intends to conduct hydrographic survey with the whole or part of the expenses borne or subsizges by the state or a local public entity shall obtain permission of the Commandant of the Japan Coast Guard in advance. However, this shall not apply to such surveys conducted for scientific purposes or surveys conducted locally as provided by the Ministry of LIT Ordinance.
 
(Advice to Operation of Hydrographic Survey)
Article 7.
The Commandant of the Japan Coast Guard may, when deemed necessary, give advice in regard to the implementation plan for a hydrographic survey to the person who has obtained the permission in accordance with the provision of the preceding Article.
 
(Public Notice of Operation)
Article 8.
The Commandant of the Japan Coast Guard shall, in case he intends to conduct any hydrographic survey, give a public notice on the area, period and other necessary matters concerned in advance; the same shall apply to the case where a permission has been given under the provision of Article 6.
 
(Standard of Hydrographic Survey)
Article 9.
Any hydrographic survey as conducted by the Japan Coast Guard or by the person obtained the permission under Article 6 shall conform to the survey standards as enumerated in the following items. However, hydrographic surveys conducted mainly 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.
 
(Request for Data or Reports)
Article 10.
The Commandant of the Japan Coast Guard may, especially when deemed necessary, request local public entities and other administrators of harbor facilities to submit the data or reports on the conditions of the harbor facilities under their control.
Article 11.
The Commandant of the Japan Coast Guard may, especially when deemed necessary, request ships to submit necessary reports for the compilation of hydrographic publications.
 
(Entry into Land or Water Area)
Article 12.
Any official of the Japan Coast Guard may, in case of necessity for conducting hydrographic survey or oceanographic observation, enter any land or water area owned, occupied or exclusively used by the State, local public entities or private persons.
2. In case any official enters a residential land, a water area or land enclosed by fences or stockades, etc. in accordance with the provision of the preceding paragraph, he shall notify to that effect in advance to the owner, occupants or a person using it exclusively. However, this shall not apply to the case where it is difficult to do so in advance.
3. In case where any official of the Japan Coast Guard enters land or water area in accordance with the provision of paragraph 1, he shall carry with him an identification card and shall show it when requested by the person concerned.
 
(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.
 
(Compensation for Loss)
Article 15.
In case where any damage is caused by the entry, cutting down or removal in accordance with the provisions of the preceding three Articles, the State shall compensate for the losses with the amount corresponding to the losses to the owner, occupant or the person using them exclusively.
2. The amount of the compensation under the preceding paragraph shall be decided by the commandant of the Japan Coast Guard.
3. Any person who is dissatisfied with the decision under the 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.
4. For making the apeal under the preceding paragraph, the State shall be the defendant.
 
(Preservation of Hydrographic Survey Marks and Surveying Vessels)
Article 16.
No person shall, without any justifiable reason, damage or remove the hydrographic survey marks or do any act liable to impair the effective value of those marks.
Article 17.
Vessels of the Japan Coast Guard or of those persons who have got permission in accordance with the provision of Article 6 shall, in case where they are conducting hydrographic survey or oceanographic observation, put up such marks as provided by the Ministry of LIT Ordinance.
Article 18.
The master of a vessel shall not sail his vessel too close to a vessel putting up the mark of vessel under the preceding paragraph, without any justifiable reason.
 
(Reports on the Hydrographic Matters)
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.
Chapter III. Results of Hydrographic Survey and Oceanographic Observation
 
(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.
 
(Protection of Hydrographic Publication, and Aeronautical Charts and Publications)
Article 24.
Any person other than the Japan Coast Guard who intends to reproduce or issue any hydrographic publications or aeronautical charts and publications, prepared by the Japan Coast Guard for use in navigation or aviation, or to utilize such hydrographic publications or aeronautical charts and publications to make other publications for navigation or aviation shall obtain approval of the Commandant of the Japan Coast Guard.
Article 25.
Any person who intends to issue any publication similar to the charts, aeronautical charts, sailing directions, light list published by the Maritime Safety Agency shall obtain the permission of the Commandant of the Japan Coast Guard.
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 IV. Trust of Hydrographic Services
 
(Trust of Hydrographic Services)
Article 26.
The Japan Coast Guard may conduct the hydrographic survey and oceanographic observation, and mapping or compilation or printing of the results thereof at the request of the general public as long as these works do not interrupt the smooth execution of its proper functions.
Chapter V. Deleted
Article 27.
Deleted.
Chapter VI. Penal Provisions
 
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.








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更新日: 2017年6月10日

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