Chapter 3 Management and Supervision
The salvage operator is not allowed operate salvage unless application has been made to the following commercial port authorities:
1.For operations within a port and the area under the jurisdiction of such port authority, the application shall be made to said port authority.
2.For operations in the area spanning two commercial port authorities' jurisdiction, the application shall be made to the MOTC for designating one of the port authorities to approve.
While the salvage operator is entrusted to engage in the salvage operation, the operation can only be commenced that the operator has submitted the contract of entrustment as well as the salvage operation plan to the local commercial port authority and got approval from the same.
The inspection of equipment of salvage operators is divided into two categories, the periodical inspection and the temporary inspection. The periodical inspection is exercised once a year, and the temporary inspection is enforced when equipment is added, wasted, or when the local commercial port authority deems necessary.
The commercial port authority shall notify in writing salvage operators of the date of inspection within fifteen (15) days before inspection. The salvage operators to be inspected shall submit the salvaging equipment list in triplicate to the port authority at least seven (7) days before inspection.
All equipment owned by a salvage operator shall be marked with the name of owner at proper place on these equipments for checking purpose, which shall also be otherwise treated pursuant to Vessel Registration Law.
When the vessel and person of salvage operators engaged in salvage service enter and depart from a port, in addition to execute the procedures for ship entering and departing from a port according to law, shall prepare Personnel Entry and Exit List and submit to local commercial port authority for relaying to Coast Guard for checking.
The salvage operator who needs to use explosives during salvage operation on wrecks or substances, shall detail the description, specifications and quantity of such explosives in the cargo manifest of Entry and Exit Report and shall submit relevant certified documents adhering to the Personnel Entry and Exit List.
Any salvage operator who uses explosives shall fill out in detail the report of actual schedules of salvage and quantity of explosives used on monthly basis and shall file such report with local commercial port authority.
Notwithstanding all ships and personnel of salvage operators engaged in salvage operations shall enter and depart from the same port in principle, salvage operators may report to the local commercial port authority and Coast Guard before departure for notifying the authority and the Coast Guard at any other port where operators' ships and personnel are scheduled to enter and depart owing to the need of operation
In the event that a ship of salvage operators engaged in salvage operation needs to enter a port without prior permission because it becomes inoperative due to broken-down of machine, severe weather or other acts of god, it can enter that port subject to the local commercial port authority’s approval, and ship’s operator shall report in writing to the local commercial port authority afterwards about that causes and or reasons.
In the cases of sunken warships and the vessels engaged on non-business services or substances, for which the salvage operators are requisitioned or hired to salvage, the government authorities possessing such warships and vessels or substances shall notify with official letters the commercial port authority in order to approve the salvage operators' applications.
The salvage operation plan set forth in the Section 2 of Article 11 shall include the particular information and location of the wreck or substances, methods of operation and duration of operation.
The salvage operator shall be, in accordance with the salvage operation plan approved by the commercial port authority and direction expressed by the commercial port authority, to execute the salvage operation, removing works, not to harm or damage the equipment/facilities of harbor and channels or affecting navigation safety. The salvage operator shall remove the burying-sand of the wreck for which can not be left on the seabed.
The salvage operator shall complete the salvage work within the permitted duration. Failure to complete work within the permitted duration, the salvage operator shall apply for extension to a certain further duration within 30 days before the expiry of the said permitted duration.
The salvage operator, who violates the provisions of Section 2 of Article 11 and Section 2 and 3 of this article shall be levied on punishment, subject to the seriousness of the circumstances, in accordance with Article 46 of Commercial Port Law.
The salvage operator shall, at seven days before commencing the operation and at the date next to the date of completing the operation, notify the local port authority the date of commencing operation and the date of completion.
The salvage operator while salvaging shall, in addition to exhibit the signal light according to the Convention on the International Regulations for Preventing Collisions at Sea, also exhibit the warning light at an obvious and proper place in operational area according to law to secure the safety of navigation in the nearby water areas.