10 Japanese Law and Policy on Marine Environment Protection …
181
Convention for the Control and Management of Ships’ Ballast Water and Sediments
(the BWM Convention), which finally entered into force in 2017.
8 Ballast water is
water that ships store in on-board tanks to control trim and drat for a stable and safe
voyage. In most cases, for operational convenience, vessels pump seawater at the
point of departure when they begin their navigation, and then discharge the water
at their destination. Although this process circulates only seawater, this circulation
becomes problematic because the water contains organisms and pathogens that may
not exist worldwide. Therefore, if a vessel discharges seawater (which is pumped at
the departure point) at the destination point, it could mean the importation of alien
species into the destination water.
9 The BWM Convention was introduced to prevent
this contamination.
10
Similar to other IMO Conventions, to ratify and implement the BWM Convention,
Japan modified the Marine Pollution Prevention Act in 2014. Nevertheless, that
modification did not enter into force until the BWM Convention entered into force
in 2017.
11 This involved two essential facts. First, Japan had intended to harmonise
its municipal legislation with the rules and regulations provided under the BWM
Convention. Second, Japan did not have any intention to lead the management to
protect the marine environment from ballast waters, unless required by the binding
international treaty. In the amended Marine Pollution Prevention Act, Japan regulated
the discharge of harmful ballast water from its vessels. For this purpose, Japanese
ships must be equipped with devices to process harmful ballast water, designate a
person to manage the prevention of harmful ballast water pollution, possess ballast
water records, and complete a record book (Article 17). When ballast water discharge
violations are found, a fine of less than 10 million yen is imposed (in the case of
negligence, the fine is less than five million yen).
12 This fine is equivalent to the
penalty for the emission of oil and other toxic waters.
13 Moreover, an inspection to
confirm whether the vessel complies with Article 17 is also additionally provided in
Article 19 of the modified Act.
14
8 Kenji Shimoyama, ‘Entry into Force of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and its Challenges (translated by the author)’, Journal
of the Japan Institute of Marine Engineering, Vol. 53, No. 1 (2018), p. 42 (in Japanese).
9 Jeremy Firestone and James J. Corbett, ‘Coastal and Port Environments: International Legal and
Policy Responses to Reduce Ballast Water Introductions of Potentially Invasive Species’, Ocean
Development and International Law, Vol. 36, No. 3 (2005), pp. 291–292.
10 As for the detail of BMW Convention, see Md Saiful Karim, Prevention of Pollution of the Marine
Environment from Vessels The Potential and Limits of the International Maritime Organisation
(2015), pp. 71–77.
11 Takeshi Mizunari, ‘Entry into Force of Ballast Water Management Convention and Future’,
Maritime Transport Studies, No. 66 (2017), p. 52 (in Japanese).
12 MLIT, ‘A Comparison Table Showing the New and Old Versions of the Text of the Bill to Partially
Amend the Marine Pollution Prevention Act’, available at https://www.mlit.go.jp/common/001029
212.pdf (last visited 21 May 2019) (in Japanese).
13 Mizunari, supra note 11, p. 52.
14 MLIT, supra note 12.
181
Convention for the Control and Management of Ships’ Ballast Water and Sediments
(the BWM Convention), which finally entered into force in 2017.
8 Ballast water is
water that ships store in on-board tanks to control trim and drat for a stable and safe
voyage. In most cases, for operational convenience, vessels pump seawater at the
point of departure when they begin their navigation, and then discharge the water
at their destination. Although this process circulates only seawater, this circulation
becomes problematic because the water contains organisms and pathogens that may
not exist worldwide. Therefore, if a vessel discharges seawater (which is pumped at
the departure point) at the destination point, it could mean the importation of alien
species into the destination water.
9 The BWM Convention was introduced to prevent
this contamination.
10
Similar to other IMO Conventions, to ratify and implement the BWM Convention,
Japan modified the Marine Pollution Prevention Act in 2014. Nevertheless, that
modification did not enter into force until the BWM Convention entered into force
in 2017.
11 This involved two essential facts. First, Japan had intended to harmonise
its municipal legislation with the rules and regulations provided under the BWM
Convention. Second, Japan did not have any intention to lead the management to
protect the marine environment from ballast waters, unless required by the binding
international treaty. In the amended Marine Pollution Prevention Act, Japan regulated
the discharge of harmful ballast water from its vessels. For this purpose, Japanese
ships must be equipped with devices to process harmful ballast water, designate a
person to manage the prevention of harmful ballast water pollution, possess ballast
water records, and complete a record book (Article 17). When ballast water discharge
violations are found, a fine of less than 10 million yen is imposed (in the case of
negligence, the fine is less than five million yen).
12 This fine is equivalent to the
penalty for the emission of oil and other toxic waters.
13 Moreover, an inspection to
confirm whether the vessel complies with Article 17 is also additionally provided in
Article 19 of the modified Act.
14
8 Kenji Shimoyama, ‘Entry into Force of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and its Challenges (translated by the author)’, Journal
of the Japan Institute of Marine Engineering, Vol. 53, No. 1 (2018), p. 42 (in Japanese).
9 Jeremy Firestone and James J. Corbett, ‘Coastal and Port Environments: International Legal and
Policy Responses to Reduce Ballast Water Introductions of Potentially Invasive Species’, Ocean
Development and International Law, Vol. 36, No. 3 (2005), pp. 291–292.
10 As for the detail of BMW Convention, see Md Saiful Karim, Prevention of Pollution of the Marine
Environment from Vessels The Potential and Limits of the International Maritime Organisation
(2015), pp. 71–77.
11 Takeshi Mizunari, ‘Entry into Force of Ballast Water Management Convention and Future’,
Maritime Transport Studies, No. 66 (2017), p. 52 (in Japanese).
12 MLIT, ‘A Comparison Table Showing the New and Old Versions of the Text of the Bill to Partially
Amend the Marine Pollution Prevention Act’, available at https://www.mlit.go.jp/common/001029
212.pdf (last visited 21 May 2019) (in Japanese).
13 Mizunari, supra note 11, p. 52.
14 MLIT, supra note 12.