TEL.０138-42-1118
〒040-0061 函館市海岸町24-4
函館海上保安部
Emergency Entry of foreign ships AQ
To:
Shipmasters of foreign ships that navigate or intend to navigate in the Strait of Tsugaru
FROM：
Chief of Hakodate Coast Guard Office
RE：
Emergency Entry of foreign ships into the Territorial Sea or Internal Waters of Japan
MESSAGE:
The following is a message from the Chief of the Hakodate Coast Office to shipmasters of foreign ships that navigate or intend to navigate in the Strait of Tsugaru.
In the southern sea area of Hokkaido that includes Hakodate Port, application for emergency entry into the territory sea or internal waters of Japan such as into Kikonai Bay to avoid bad weather is a common concurrence, especially in winter when the stronger northwestern wind blows continuously from the Eurasian Continent.
Such emergency entry is an urgent measure for a ship to enter into the territorial sea or internal waters of a foreign country for the purpose of avoiding marine accidents and so on, which has been accepted as an international practice.
In concrete terms, under these conditions only, emergency entry is authorized:
- The ship is in urgent danger because of serious damage to the ship’s body or engines or extraordinary weather and sea conditions,
- Crewmembers of the ship are seriously injured or ill and need to receive treatment by a medical specialist, and
- Safety of the ship or crewmembers of the ship are in urgent danger because of a shortage of fuel oil or fresh water due to an unforeseen situation.
That is to say, each shipmaster applying for emergency entry is required to show the necessary conditions for emergency entry clearly and rationally.
Normally, the following necessary steps are taken:
- A foreign ship makes a call by VHF and contacts the “Hokkaido Coast Guard Radio” (i.e., the Operations Center of the 1st Regional Coast Guard Headquarters of Japan, one of 11 Maritime Rescue Coordination Centers (MRCC) of Japan in charge around the vicinity of Hokkaido) and explains why the emergency entry is necessary, and
- Responding to this radio contact, the Japan Coast Guard provides an appropriate sea area and other precautions necessary for the entry, and confirms how to keep contact from thereafter.
However, recently, there have been some regrettable cases such as a ship entering into the Japanese territorial sea or internal waters before the validity of emergency entry was confirmed, and the ship does not reply to a VHF CH 16 call from the Hokkaido Coast Guard Radio, nor does it activate AIS. Such action ignoring due application of emergency entry and necessary communications with the authority concerned constitutes infringement of the national sovereignty and security of the littoral country. Also, it could be a dangerous behavior that leads to a secondary disaster such as damage to fixed shore nets and other fishing gear alongside the coast and a large amount of compensation for the damage caused.
Inappropriate behavior of a foreign ship like this is precisely against the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters” (Act No. 64 of 2008), which provides as follows:
Article 1 Purpose
This act is for the purpose of securing safety of the territorial sea and internal waters through maintaining order of passage of foreign ships in the territorial sea and internal waters and deterring suspicious actions by foreign ships, by means of describing the manner of passage of foreign ships in the territorial sea and internal waters, measures to regulate passage of foreign ships and other necessary matters, in view of the fact that it is vital for this country surrounded by sea to secure safety at sea for the purpose of securing safety of this country.
Article 2 Definitions
(omitted)
Article 3 Manner of passage of foreign ships in the territorial sea and internal waters
Passage of foreign ships in the territorial sea and internal waters shall be continuous and expeditious for the purpose of traversing the territorial sea or internal waters, or calling at a roadstead. (extract)
Article 4
1 A shipmaster of a foreign ship is not allowed to make passage involving staying, anchoring, mooring or wandering within the territorial sea or internal waters, but for some exceptions. (extract)
2 (omitted)
Article 5 Mandatory notification of a foreign ship
1 A shipmaster of a foreign ship shall notify the nearest coast guard office of the Japan Coast Guard (JCG) in advance of the name of the ship, port of registry, the reason why the ship is making passage, staying, anchoring, mooring or wandering within the territorial sea or internal waters, in the case when it is necessary for the foreign ship to make passage involving staying, anchoring, mooring or wandering in the territorial sea or internal waters, or make passage without arriving at a roadstead or departing from a roadstead or a port facility in the internal waters. (extract)
2, 3, 4 (omitted)
Article 6 Boarding inspection on a foreign ship
1 With regard to a foreign ship that has made passage involving staying, anchoring, mooring or wandering within the territorial sea or internal waters, and also has not notified the nearest coast guard office of the JCG in advance, the JCG Commandant may have a JCG officer visit the foreign ship, inspect the foreign ship’s official papers and question the crew of the foreign ship and persons concerned. (extract)
2, 3 (omitted)
Article 7 Advisory issued to a foreign ship
In the case when a shipmaster is considered to clearly be in violation of Article 4, paragraph (1), a JCG officer may issue an advisory to the shipmaster not to make passage involving staying, anchoring, mooring or wandering within the territorial sea and internal waters. (extract)
Article 8 Deportation order to a foreign ship
1 In the case where the JCG Commandant considers a shipmaster of a foreign ship to be in violation of Article 4 as a result of boarding inspection described in Article 6, paragraph (1), the JCG Commandant may give orders to the shipmaster for the foreign ship to stay away from the territorial sea and internal waters.
2 In the case where a shipmaster who has received an advisory described in Article 7 does not follow the advisory and the JCG Commandant considers it necessary for maintaining order of passage of a foreign ship in the territorial sea and internal waters, the JCG Commandant may give orders to the shipmaster for the foreign ship to stay away from the territorial sea and internal waters.
Article 9, 10, 11, 12, 13
(omitted)
Ref: The abovementioned sentences of each article are not the whole text but extracts.
Furthermore, a shipmaster or a person who commands a ship on behalf of the shipmaster who violates orders described in Article 8 shall be punished by imprisonment with labor for not more than one year or a fine of not more than 500,000 Japanese yen (Article 12), and a person who refuses, obstructs or avoids visit or inspection or who does not answer questions or gives false testimony described in Article 6, paragraph (1) shall be punished by imprisonment with labor for not more than six months or a fine of not more than 300,000 Japanese yen (Article 13).
As you all know, the Strait of Tsugaru, one of the international straits of Japan that connects the Pacific Ocean and the Japan Sea, and its neighboring sea area are public goods for all sorts of ships including local fishing boats. Therefore, for the safety of navigation in this sea area, I would like to ask for understanding and cooperation by shipmasters of foreign ships navigating in this area.
ANNEX：
●Strait of Tsugaru and its neighboring sea area (indicating territorial sea and internal waters boundaries, and its baselines)
●Notice to foreign ships (Leaflet in Chinese, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in Korean, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in Russian, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in English, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in Japanese, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
Shipmasters of foreign ships that navigate or intend to navigate in the Strait of Tsugaru
FROM：
Chief of Hakodate Coast Guard Office
RE：
Emergency Entry of foreign ships into the Territorial Sea or Internal Waters of Japan
MESSAGE:
The following is a message from the Chief of the Hakodate Coast Office to shipmasters of foreign ships that navigate or intend to navigate in the Strait of Tsugaru.
In the southern sea area of Hokkaido that includes Hakodate Port, application for emergency entry into the territory sea or internal waters of Japan such as into Kikonai Bay to avoid bad weather is a common concurrence, especially in winter when the stronger northwestern wind blows continuously from the Eurasian Continent.
Such emergency entry is an urgent measure for a ship to enter into the territorial sea or internal waters of a foreign country for the purpose of avoiding marine accidents and so on, which has been accepted as an international practice.
In concrete terms, under these conditions only, emergency entry is authorized:
- The ship is in urgent danger because of serious damage to the ship’s body or engines or extraordinary weather and sea conditions,
- Crewmembers of the ship are seriously injured or ill and need to receive treatment by a medical specialist, and
- Safety of the ship or crewmembers of the ship are in urgent danger because of a shortage of fuel oil or fresh water due to an unforeseen situation.
That is to say, each shipmaster applying for emergency entry is required to show the necessary conditions for emergency entry clearly and rationally.
Normally, the following necessary steps are taken:
- A foreign ship makes a call by VHF and contacts the “Hokkaido Coast Guard Radio” (i.e., the Operations Center of the 1st Regional Coast Guard Headquarters of Japan, one of 11 Maritime Rescue Coordination Centers (MRCC) of Japan in charge around the vicinity of Hokkaido) and explains why the emergency entry is necessary, and
- Responding to this radio contact, the Japan Coast Guard provides an appropriate sea area and other precautions necessary for the entry, and confirms how to keep contact from thereafter.
However, recently, there have been some regrettable cases such as a ship entering into the Japanese territorial sea or internal waters before the validity of emergency entry was confirmed, and the ship does not reply to a VHF CH 16 call from the Hokkaido Coast Guard Radio, nor does it activate AIS. Such action ignoring due application of emergency entry and necessary communications with the authority concerned constitutes infringement of the national sovereignty and security of the littoral country. Also, it could be a dangerous behavior that leads to a secondary disaster such as damage to fixed shore nets and other fishing gear alongside the coast and a large amount of compensation for the damage caused.
Inappropriate behavior of a foreign ship like this is precisely against the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters” (Act No. 64 of 2008), which provides as follows:
Article 1 Purpose
This act is for the purpose of securing safety of the territorial sea and internal waters through maintaining order of passage of foreign ships in the territorial sea and internal waters and deterring suspicious actions by foreign ships, by means of describing the manner of passage of foreign ships in the territorial sea and internal waters, measures to regulate passage of foreign ships and other necessary matters, in view of the fact that it is vital for this country surrounded by sea to secure safety at sea for the purpose of securing safety of this country.
Article 2 Definitions
(omitted)
Article 3 Manner of passage of foreign ships in the territorial sea and internal waters
Passage of foreign ships in the territorial sea and internal waters shall be continuous and expeditious for the purpose of traversing the territorial sea or internal waters, or calling at a roadstead. (extract)
Article 4
1 A shipmaster of a foreign ship is not allowed to make passage involving staying, anchoring, mooring or wandering within the territorial sea or internal waters, but for some exceptions. (extract)
2 (omitted)
Article 5 Mandatory notification of a foreign ship
1 A shipmaster of a foreign ship shall notify the nearest coast guard office of the Japan Coast Guard (JCG) in advance of the name of the ship, port of registry, the reason why the ship is making passage, staying, anchoring, mooring or wandering within the territorial sea or internal waters, in the case when it is necessary for the foreign ship to make passage involving staying, anchoring, mooring or wandering in the territorial sea or internal waters, or make passage without arriving at a roadstead or departing from a roadstead or a port facility in the internal waters. (extract)
2, 3, 4 (omitted)
Article 6 Boarding inspection on a foreign ship
1 With regard to a foreign ship that has made passage involving staying, anchoring, mooring or wandering within the territorial sea or internal waters, and also has not notified the nearest coast guard office of the JCG in advance, the JCG Commandant may have a JCG officer visit the foreign ship, inspect the foreign ship’s official papers and question the crew of the foreign ship and persons concerned. (extract)
2, 3 (omitted)
Article 7 Advisory issued to a foreign ship
In the case when a shipmaster is considered to clearly be in violation of Article 4, paragraph (1), a JCG officer may issue an advisory to the shipmaster not to make passage involving staying, anchoring, mooring or wandering within the territorial sea and internal waters. (extract)
Article 8 Deportation order to a foreign ship
1 In the case where the JCG Commandant considers a shipmaster of a foreign ship to be in violation of Article 4 as a result of boarding inspection described in Article 6, paragraph (1), the JCG Commandant may give orders to the shipmaster for the foreign ship to stay away from the territorial sea and internal waters.
2 In the case where a shipmaster who has received an advisory described in Article 7 does not follow the advisory and the JCG Commandant considers it necessary for maintaining order of passage of a foreign ship in the territorial sea and internal waters, the JCG Commandant may give orders to the shipmaster for the foreign ship to stay away from the territorial sea and internal waters.
Article 9, 10, 11, 12, 13
(omitted)
Ref: The abovementioned sentences of each article are not the whole text but extracts.
Furthermore, a shipmaster or a person who commands a ship on behalf of the shipmaster who violates orders described in Article 8 shall be punished by imprisonment with labor for not more than one year or a fine of not more than 500,000 Japanese yen (Article 12), and a person who refuses, obstructs or avoids visit or inspection or who does not answer questions or gives false testimony described in Article 6, paragraph (1) shall be punished by imprisonment with labor for not more than six months or a fine of not more than 300,000 Japanese yen (Article 13).
As you all know, the Strait of Tsugaru, one of the international straits of Japan that connects the Pacific Ocean and the Japan Sea, and its neighboring sea area are public goods for all sorts of ships including local fishing boats. Therefore, for the safety of navigation in this sea area, I would like to ask for understanding and cooperation by shipmasters of foreign ships navigating in this area.
ANNEX：
●Strait of Tsugaru and its neighboring sea area (indicating territorial sea and internal waters boundaries, and its baselines)
●Notice to foreign ships (Leaflet in Chinese, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in Korean, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in Russian, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in English, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
●Notice to foreign ships (Leaflet in Japanese, related to the “Act on Navigation of Foreign Ships through the Territorial Sea and Internal Waters”)
topバナースペース
函館海上保安部
〒040-0061
函館市海岸町24-4
TEL 0138-42-1118
（管理課）