68
J. Tsuruta
No. 76 of 1996) (hereinafter “the EEZ Fishery Act”)
8 and the Act on Preservation
and Control of Living Marine Resources (Act No. 77 of 1996).
9 The former regulated
fishing activities by foreigners within the EEZ because the EEZ Act established the
EEZ in adjacent seas. This gave Japan the sovereign right to living and non-living
natural resources in this sea area. The latter is a law to manage living marine resources
on the basis of fishing quotas.
Furthermore, the Act Relating to the Prevention of Marine Pollution and Maritime
Disaster (Act No. 136 of 1970) (hereinafter “the Marine Pollution Prevention Act”)
was revised to improve the protection and conservation of the marine environment.
10
Article 230 of the UNCLOS states that, in principle, “monetary penalties only” may
be imposed on violations of domestic laws set for the protection of the marine environment by foreign ships. Pursuant to the Article, the Marine Pollution Prevention
Act’s provisions for imprisonment with work, as punishment for violations, were
abolished, fines were increased, and a system for prompt release (a bond system)
was adopted.
Additionally, the JCG Act was revised to clarify the requirements for exercising enforcement jurisdiction at sea and conducting more flexible and appropriate
measures to prevent crimes.
Japan’s maritime laws following the ratification of the UNCLOS include the Act
on Setting Safety Zones for Maritime Construction, Etc. (Act No. 34 of 2007)
11
enacted together with the Basic Act on Ocean Policy in April 2007, the Act on
Navigation of Foreign Ships through the Territorial Sea and Internal Waters (Act
No. 64 of 2008) (hereinafter “the Foreign Ships Navigation Act”) enacted in June
2008,
12 the Act on Punishment of and Measures against Acts of Piracy (Act No. 55
of 2009) (hereinafter “the Japanese Piracy Act”) enacted in June 2009
13 ; and the Act
8 English translation of the EEZ Fishery Act is available at http://www.japaneselawtranslation.go.
jp/law/detail/?id=3270&vm=04&re=01&new=1 (last accessed on May 20, 2020).
9 English translation of the Act on Preservation and Control of Living Marine Resources is available at http://www.japaneselawtranslation.go.jp/law/detail/?id=1895&vm=04&re=01&new=1 (last
accessed on May 20, 2020).
10 The Marine Pollution Prevention Act is available at https://elaws.e-gov.go.jp/search/elawsS
earch/elaws_search/lsg0500/detail?lawId=345AC0000000136_20170908_426AC0000000073&
openerCode=1 (only in Japanese) (last accessed on May 20, 2020). See Tsuruta Jun, 2019a,
Japanese Measures against the Protection and Preservation of the Marine Environment under the
UNCLOS and the IMO Treaties, Meiji Gakuin law journal, Vol. 106, pp. 93–116.
11 The Act on Setting Safety Zones for Maritime Construction, Etc. is available at https://elaws.
e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=419AC1000000034 (only in
Japanese) (last accessed on May 20, 2020).
12 The Foreign Ships Navigation Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/
elaws_search/lsg0500/detail?lawId=420AC0000000064 (only in Japanese) (last accessed on May
20, 2020). See Tsuruta Jun, 2012, Japanese Implementation of the UNCLOS: The Act on Navigation
of Foreign Ships in the Territorial Sea and Internal Waters, Journal of East Asia and International
Law, Vol. 5(1), pp. 279–282.
13 The Japanese Piracy Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_sea
rch/lsg0500/detail?lawId=421AC0000000055 (only in Japanese) (last accessed on May 20, 2020).
English translation of the Act is available at Tsuruta Jun, 2011, The Japanese Act on the Punishment
J. Tsuruta
No. 76 of 1996) (hereinafter “the EEZ Fishery Act”)
8 and the Act on Preservation
and Control of Living Marine Resources (Act No. 77 of 1996).
9 The former regulated
fishing activities by foreigners within the EEZ because the EEZ Act established the
EEZ in adjacent seas. This gave Japan the sovereign right to living and non-living
natural resources in this sea area. The latter is a law to manage living marine resources
on the basis of fishing quotas.
Furthermore, the Act Relating to the Prevention of Marine Pollution and Maritime
Disaster (Act No. 136 of 1970) (hereinafter “the Marine Pollution Prevention Act”)
was revised to improve the protection and conservation of the marine environment.
10
Article 230 of the UNCLOS states that, in principle, “monetary penalties only” may
be imposed on violations of domestic laws set for the protection of the marine environment by foreign ships. Pursuant to the Article, the Marine Pollution Prevention
Act’s provisions for imprisonment with work, as punishment for violations, were
abolished, fines were increased, and a system for prompt release (a bond system)
was adopted.
Additionally, the JCG Act was revised to clarify the requirements for exercising enforcement jurisdiction at sea and conducting more flexible and appropriate
measures to prevent crimes.
Japan’s maritime laws following the ratification of the UNCLOS include the Act
on Setting Safety Zones for Maritime Construction, Etc. (Act No. 34 of 2007)
11
enacted together with the Basic Act on Ocean Policy in April 2007, the Act on
Navigation of Foreign Ships through the Territorial Sea and Internal Waters (Act
No. 64 of 2008) (hereinafter “the Foreign Ships Navigation Act”) enacted in June
2008,
12 the Act on Punishment of and Measures against Acts of Piracy (Act No. 55
of 2009) (hereinafter “the Japanese Piracy Act”) enacted in June 2009
13 ; and the Act
8 English translation of the EEZ Fishery Act is available at http://www.japaneselawtranslation.go.
jp/law/detail/?id=3270&vm=04&re=01&new=1 (last accessed on May 20, 2020).
9 English translation of the Act on Preservation and Control of Living Marine Resources is available at http://www.japaneselawtranslation.go.jp/law/detail/?id=1895&vm=04&re=01&new=1 (last
accessed on May 20, 2020).
10 The Marine Pollution Prevention Act is available at https://elaws.e-gov.go.jp/search/elawsS
earch/elaws_search/lsg0500/detail?lawId=345AC0000000136_20170908_426AC0000000073&
openerCode=1 (only in Japanese) (last accessed on May 20, 2020). See Tsuruta Jun, 2019a,
Japanese Measures against the Protection and Preservation of the Marine Environment under the
UNCLOS and the IMO Treaties, Meiji Gakuin law journal, Vol. 106, pp. 93–116.
11 The Act on Setting Safety Zones for Maritime Construction, Etc. is available at https://elaws.
e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=419AC1000000034 (only in
Japanese) (last accessed on May 20, 2020).
12 The Foreign Ships Navigation Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/
elaws_search/lsg0500/detail?lawId=420AC0000000064 (only in Japanese) (last accessed on May
20, 2020). See Tsuruta Jun, 2012, Japanese Implementation of the UNCLOS: The Act on Navigation
of Foreign Ships in the Territorial Sea and Internal Waters, Journal of East Asia and International
Law, Vol. 5(1), pp. 279–282.
13 The Japanese Piracy Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_sea
rch/lsg0500/detail?lawId=421AC0000000055 (only in Japanese) (last accessed on May 20, 2020).
English translation of the Act is available at Tsuruta Jun, 2011, The Japanese Act on the Punishment