A Legal Study on the Fisheries Management System in Japan

일본(日本)의 어업관리제도(漁業管理制度)에 관한 법적 고찰

The Japanese fishery management system has been established on the basis of various experience accumulated over many years. The fishery management system in Japan, one of the oldest fishery management systems in the world, is aimed at ensuring comprehensive utilization of the water surface and developing fishery productivity, by giving protection of the breeding environment of aquatic animals and plants, enabling the appropriate use of fishery grounds, preventing and solving disputes over fishery grounds and making other fishery adjustments. Japanese Fishery Law has been changed largely into (1) The Feudal Era(to 1900), (2) The Oldest Fishey Law(1901~48), (3) Current Fishery Law(1949 to present). Japanese fishery legislation is designed as a single package combining coastal, offshore and distant-water fisheries. During the period of the old fishery law, numerous conflicts arose over the joint use of fishing grounds and fish stocks. Such conflicts occurred among users of the same gear as well as between users of different gears or of different sizes of fishing craft. Large scale conflict sometime occurred between neighbouring fishing communities due to a lack of fairness in principle and coordination in practice. Therefore, the new fishery law enacted in 1949. This law was designed primarily to realize the most effective and rational use of fishing grounds and fishery resources, the basic philosophy being that, through democratic organization by fishermen themselves, productivity would be stimulated and incomes and living standards eventually improved. Nowadays, Community Based Fisheries Management through democratic organization by fishermen themselves have to enforce at coastal fisheries. This Community Based Fisheries Management manage to fishery resources by fishermen themselves and harvest in collaboration with that resources. Therefore, this paper is intended to briefly to describe the entire system and the historical development of Japanese fishery legislation in order to assist in reform of our country fisheries management regime.