commercial fishing agreement with these countries. the enforcement regulations for the EEZ Fishery Law make exceptions of them, as has been done heretofore. Furthermore, Japan is in the process of advancing deliberations with these two countries, toward the goal of building a new order regarding commercial fishing, based on the UNCLOS ratification.
(5) Measures Against Oil Discharges, etc., by Foreign Vessels
a. Situation Prior to UNCLOS Ratification
Japan pursues criminal responsibility by applying laws such as the Marine Pollution Prevention Law when a foreign ship commits a marine pollution crime within its territorial sea.
However, when a foreign ship illegally discharges oil or other such substances outside its territorial sea, where Japan's laws cannot be applied, Japan notifies the ship's flag State (country of registry) of the violation, in order to request, appropriate action, based on the Protocol of 1978 Relating to the International Conventi6n for the Prevention of Pollution from Ships, 1973 (MARPOL). In 1995, Japan issued 18 such notifications.
b. Countermeasures Hereafter
Since July 20, 1996, Japan has been able to prosecute marine pollution offenses by foreign ships, etc., within not only its territorial sea, but also its EEZ and continental shelf, by applying the Marine Pollution Prevention Law and other related laws under specified conditions. This was made possible by the enactment of laws such as the "Law on Exclusive Economic Zone and Continental Shelf" that accompanied the recent ratification of UNCLOS.
In addition, the amendments to the h Marine Pollution Prevention Law established an early release system (known as "Bond System"), under which violators can tender a bond. etc.
It is for this reason that JMSA is endeavoring to further strengthen its monitoring and law enforcement system within the territorial sea and EEZ. by actively deploying sophisticated and well-equipped patrol vessels, craft, and aircraft along tanker routes .and other sea areas and promoting their efficient operation through coordinated reinforcement efforts. In addition. JMSA is trying to promote measures against the illegal discharge of oil and other such substances through the proper management of the Bond System for marine pollution crimes.
