Chapter VIII. Penal Provisions
Article 55.
A person who comes under any of the following items shall be punished with a fine of not more than 10,000,000 yen:
(1) A person who discharged oil in violation of the provision of Paragraph 1 of Article 4;
(2) A person who discharged noxious liquid substances or non-evaluation liquid substances in violation of the provision of Paragraph 1 of Article 9-2 (including a case to which mutatis mutandis applied under Paragraph 1 of Article 9-6);
(3) A person who discharged wastes in violation of the provision of Paragraph 1 of Article 10;
(4) A person who discharged oil or wastes in violation of the provision of Paragraph 1 of Article 18;
(5) A person who incinerated oil, noxious liquid substances or wastes in violation of the provision of Paragraph 1 or 2 of Article 19-2;
(6) A person who violated the provision of Paragraph 1 of Article 39;
(7) A person who violated the orders under Paragraph 3 of Article 39 or Article 40;
(8) A person who abandoned a ship, etc. in violation of the provision of the Paragraph 1 of Article 43.
2. A person who violated the provision of item (1), (2), (3) or (4) of the preceding Paragraph by negligence shall be punished with a fine of not more than 5,000,000 yen.
Article 55-2.
A person who comes under any of the following items shall be punished with a fine of not more than 2,000,000 yen:
(1) A person who had an marine pollution prevention certificate, a provisional marine pollution prevention certificate or an international marine pollution prevention certificate issued to him by an illegal act including false statements;
(2) A person who used a vessel for navigation without undergoing the survey prescribed by Article 17-4 or Article 17-5;
(3) A person who used a vessel for navigation or allowed it to make an international voyage in violation of the provisions of Paragraphs 1 through 3 of Article 17-10;
(4) A person who conducted oil disposal business in violation of the provision of Paragraph 1 of Article 20:
(5) A person who violated the order under Article 24 (including a case to which mutatis mutandis applied under Paragraph 4 of Article 28 (including a case to which mutatis mutandis applied under Article 35) or Paragraph 3 of Article 34) or under Paragraph 3 of Article 30 (including a case to which mutatis mutandis applied under Article 35);
(6) A person who violated the order under Article 42-7.
Article 56.
A person who comes under any of the following items shall be punished with a fine of not more than 1,000,000 yen:
(1) A person who discharged oil in violation of a condition attached or altered by the Commandant of the Japan Coast Guard under Paragraph 5 of Article 4 (including a case to which mutatis mutandis applies under Paragraph 4 of Article 18);
(2) A person who violated the provision of Article 11;
(3) A person who violated an order under the Paragraph 2 of Article 17-14 (including a case to which mutatis mutandis applied.) under Paragraph 3 of Article 17-17;
(4) A person who attached the sign under Paragraph 5 of Article 9 of the Ship's Safety Law, which is applied mutatis mutandis under Paragraph 1 of Article 17-15, to a marine pollution prevention device other than one that is confirmed in accordance with the provision of Paragraph 2 of Article 6-4 of the Ship's Safety Law, which is applied mutatis mutandis under Paragraph 1 of Article 17-15;
(5) A person who had, by malpractice such as dishonest act, been issued a certificate of pass under Paragraph 3 or 4 of Article 9 of the Ship's Safety Law which is applied mutatis mutandis under Paragraph 1 of Article 17-15;
(6) A person who used an incineration system for an incineration of confirmation-requiring wastes for incineration without taking a survey of Paragraph 1 of Article 19-4;
(7) A person who used an incineration system for an incineration of confirmation-requiring wastes for incineration in violation of the provision of Paragraph 1 or 2 of Article 19-7;
(8) A person who failed to make report under Paragraph 2 of Article 20, Paragraph 3 of Article 28 (including a case to which mutatis mutandis applied) under Article 35 or Paragraph 1 of Article 34, or a person who made false report;
(9) A person who changed matters under item (2) of Paragraph 1 of Article 21 in violation of the provision of the Paragraph 1 of Article 28.
Article 57.
A person who comes under any of the following items shall be punished with a fine of not more than 500,000 yen:
(1) A person who violated the provision of the Paragraph 1 of Article 5-3;
(2) A person who violated the provisions of Paragraph 1 of Article 6, Paragraph 1 of Article 7, Paragraph 1 or 2 of Article 9-4, paragraph 1 of Article 10-2, Paragraph 1 of Article 19-2 or Article 39-3;
(3) A person who violated the provision of the Paragraph 4 of Article 9-2;
(4) A person who violated the provisions of the Paragraph 3 of Article 10, Paragraph 3 of Article 19-2-3 or Paragraph 2 of Article 43;
(5) A person who violated the order under the Paragraph 1 of Article 17-14 or Paragraph 1 or 2 of Article 17-17;
(6) A person who violated the order under the Paragraph 1 of Article 33;
(7) A person who failed to make notification under the Paragraphs 1 to 5 inclusive of Article 38, Paragraph 1 of Article 42-2 or Paragraph 1 of Article 42-3, or a person who made false notification;
(8) A person who violated the order under Article 39-2 or a person who acted against the restriction under the Article;
(9) A person who violated the provision of the Paragraph 1 of Article 39-4;
(10) A person who violated the order under Paragraph 2 of Article 40-2;
(11) A person who violated the order, restriction or prohibition under the Paragraph 1 or 3 of Article 42-5 or the order under Paragraph 2 of the Article;
(12) A person who acted against the restriction or prohibition under Article 42-8;
(13) A person who used chemicals in violation of the provision of the Paragraph 1 of Article 43-4.
Article 58.
A person who comes under any of the following items shall be punished with a fine of not more than 300,000 yen:
(1) A person who violated the provision of the Paragraph 2 of Article 5-3 or Article 5-4;
(2) A person who violated the provision of the Paragraph 1 or 3 of Article 8, Paragraph 1 or 3 of Article 9-5, Paragraph 1 or 3 of Article 10-3, Article 10-4 Paragraph 1 or 3 or Article 16, Paragraph 1 or 3 of Article 19, Article 19-2-2, or Paragraph 1 or 3 of Article 19-9;
(3) A person who failed to make entry of necessary matters in the oil record book, noxious liquid substances record book, ship board wastes record book wastes disposal record book or incineration record book under the Paragraph 2 of Article 8, Paragraph 2 of Article 9-5, Paragraph 2 of Article 10-3, Paragraph 2 of Article 16, Paragraph 2 of Article 19 or Paragraph 2 of Article 19-9 or a person who made false entry in the record book;
(4) A person who violated the provision of the Paragraph 5 of Article 10, Paragraph 5 of Article 19-2-3 or Paragraph 4 of Article 43;
(5) A person who used a ship registered under Article 11 in violation of the provision of Paragraph 2 of Article 13 for the discharge of wastes under item (3) or (4) of Paragraph 2 of Article 10;
(6) A person who failed to report under Article 14, Paragraph 2 of Article 31 or Article 32 (including the cases to which these provisions apply mutatis mutandis under Article 35), or a person who made false report;
(7) A person who used a ship for navigation in violation of the provision of Article 17-11;
(8) A person who refused, disturbed or evaded an inspection under the Paragraph 1 of Article 12 of the Ship's Safety Law, which is applied mutatis mutandis under the Paragraph 2 of Article 17-15 or a person who failed to answer for the enquiry or made false answer;
(9) A person who failed to make notification under the Paragraph 2 of Article 12 of the Ship's Safety Law or made false notification;
(10) A person who used an incineration system on board the ship or at the offshore facility for the incineration of confirmation-requiring wastes for incineration in violation of the provision of Article 19-8;
(11) A person who disposed of waste oil without report or without compliance with the reported conditions of waste oil disposal under the Paragraph 1 of Article 26;
(12) A person who failed to comply with the order under the provision of Paragraph 3 of Article 26;
(13) A person who failed to comply with the order under the provision of Paragraph 2 of Article 43-5;
(14) A person who failed to make report under the Paragraph 1 through 3 of Article 48 or a person who made false report;
(15) A person who refused, disturbed or evaded the inspection under the Paragraphs 4 through 6 of Article 48, or refused to answer or gave false answers to questions prescribed in Paragraph 5 of the Article;
(16) A person who refused or evaded the certification under Article 49;
(17) A person who made false report to an office of the Japan Coast Guard that he had found the fact under Paragraph 7 of Article 38;
(18) A person who made false report to an office of the Japan Coast Guard that he had found the situation under the Paragraph 1 of Article 42-2 or a fire at sea.
Article 58-2.
Omitted.
Article 58-3.
Omitted.
Article 59.
When a representative of a juridical person or an agent or an employee of a juridical person or a person violated the provision of Articles 55 through 58 relating to the functions of the juridical person or the person, the violator shall be punished and, in addition, the juridical person or the person shall be punished with the penalty under the each Article.
Article 60.
A person who failed to report under Paragraph 2 of Article 9-6, Article 17, Article 18-2, Paragraph 5 of Article 28 or Article 29 (including the cases to which these provisions apply mutatis mutandis under Article 35) or a person who made false report shall be liable to an administrative penalty of not more than 100,000 yen.
Article 61, Article 62.
Omitted.
Article 63.
Deleted.
(Exceptions to Jurisdiction of the First Trial)
Article 64.
A district court also has jurisdiction of the first trial over lawsuits involving offenses prescribed by Articles 55 to 56.
Chapter IX. Release of a Violator, etc. upon Posting of Bond, etc. Relating to Foreign vessels
(Release of a Violator, etc. upon Posting of Bond, etc. Relating to Foreign vessels)
Article 65.
When any of the following items is applicable, a judicial police officer designated by the Cabinet Order (hereinafter referred to as "enforcement officer") shall notify, without delay, the master of the ship and the violator (only when the violator is a crew member of the ship; the same shall apply hereafter) of the matters listed in items of the next Paragraph.
(1) When an offense involving a foreign ship (excluding those specified by a Cabinet Order) in violation of a provision of this Law has been committed (hereafter referred to as "the case"), and the master and other crew members of the ship have been arrested in connection with the case;
(2) Other than the above, when a ship or a document certifying the nationality of the ship and other documents required for navigation (hereafter referred to as "certificate of ship nationality, etc.") have been seized in connection with the case, and it is considered that there are sufficient reasons to suspect the master of the ship and other crew members or the owner of the ship has committed the offense.
2. The matters that shall be notified under the preceding Paragraph shall be as follows:
(1) The offender shall be released and the ship, the certificate of ship's nationality and any other articles seized (hereafrer referred to as "articles seized") shall be returned, without delay. upon offering of bond or a document guaranteeing the offering there of to the competent Minister as prescribed by the Capinet Order referred to in the Paragraph 1 of the following Article;
(2) The amount riquired to be offered as bond;
(3) Conditions, if attached under the next Paragraph.
3. In case any of the items given in Paragraph 1 is applicable, an enforcement officer may attach conditions that necessary measures such as repair of the ship be taken when releasing offenders or returning articles seized if he considers continued navigation of the vessel is liable to obstruct the preservation of marine environment.
4. The amount of the bond prescribed in Item (2) Paragraph 2 shall be determind by the enforcement officer in accordance with criteria laid down by the competent Minister as prescribed by the Cabinet Order, taking into consideration the type, nature and other circumstances of the case.
Article 66.
When the bond in the amount notified pursuant to the provision of the Paragraph 1 of the preceding Article or the document guaranteeing the offering thereof is offered to the competent Minister as prescribed by the Cabinet Order, the competent Minister shall, without delay, notify the enforcement officer or public prosecutor to that effect.
2. In case conditions have been attached under Paragraph 3 of the preceding Article, and when the competent Minister considers that the necessary measures specified in the Paragraph have been taken, he shall, without delay, notify the enforcement officer or the public prosecutor of the fact.
3. When the enforcement officer has been notified under Paragraph 1 (in case conditions have been attached under Paragraph 3 of the preceding Article, when he has been notified under the preceding two Paragraphs), he shall, without delay, release offenders and return articles seized.
4. When the public prosecutor has been notified under Paragraph 1 (in case conditions have been attached under Paragraph 3 of the preceding Article, when he has been notified under Paragraph 1 and Paragraph 2), he shall, without delay, take steps required to release offender and return articles seized.
Article 67.
The bond shall be held in the custody of the competent Minister.
2. Where, in the proceeding relating to the case, the offender fails to appear at the place required on the date required, or the articles seized which were returned but which the person (party) concerned has been required to produce, are not produced at the place required on the date required, the bond shall revert to the National Treasury on the day one month from the day following the aforesaid date, except where communication is made within one month of the day following the aforesaid date to the effect that appearance will be made or the aforesaid articles will be produced on a specified day within three months of the day following the aforesaid date.
3. Where, in cases prescribed by the proviso of the preceding Paragraph, the offender fails to appear or the aforesaid articles are not produced on the specified day pertaining to the aforesaid communication, the bond shall revert to the National Treasury on the day following that day.
4. Where circumstances arise in which custody of the bond is no longer necessary, as in the case of conclusion of the proceedings relating to case, the bond shall be returned.
(Entrustment to Ordinance of the Ministry in Charge)
Article 68.
The procedures and other matters needed to enforce the provisions of the preceding three Articles shall be prescribed by an Ordinance of the competent ministry.
(Competent Minister, etc.)
Article 69.
The Competent Minister prescribed in Articles 65 through 67 and the ordinance of the competent ministry prescribed in the preceding Article shall be specified by the Cabinet Order.
