• Title/Summary/Keyword: New fishery Order

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A Study on the Evolution of the Holding and Utilizing System of Fisheries Resources in Korea (수산자원 소유.이용제도의 변천에 관한 연구)

  • 류정곤
    • The Journal of Fisheries Business Administration
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    • v.22 no.1
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    • pp.1-52
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    • 1991
  • This study deals with the evolutional history of the holding and utilization of fisheries resources in Korea. Fisheries resources have the basic characteristics of the density dependent self-regulating renewable and common property resources, Irrational utilization of fisheries resources is mainly due to the unlimited access to the resources. The holding and utilization of fisheries resources in Koryo era was opened to everyone. But it was nationalized in the early Yi Dynasty. The purpose of its nationalization was to provent the paticular powered-man with their monoplized holding and to levy fisheries tax. Eoeop-peop, the first modern fisheries law in Korea, was enacted as a part of the invasion policy of Japan in 1908. With the japanese annexation of Korea in 1910, the Japanese Government established a new institutional system of fisheries as a part of an overall reformation of the institutional for an implementation of the colonial policy. It was very the new enacted Fisheries Law (Gyogyorei). Also the Government enacted compulsorily another new Fisheries Law (Chosen Gyogyorei) with its adjunct laws and regulations revise the institutional system of fisheries on May 1, 1930. After Eoeop-peop enactment, the fisheries resources in Korea could be used only under the license, permission, and statement. After Korea was from Japan in 1945, Korea Government at last enacted the new fisheries law (Susaneop-peop) in 1953. The goal of Susaneop-peop was to achive the general usage and protection of the fisheries resources, and to attain the development and democratization of the fishery in Korea. This law was amended 13 times until 1990. The license fishery have a legal right on the fishery, called a fishery rigt. This right means a right of exclusive occupation and utilization of a unit of the inshore fishing grounds. The main evolutional issues of license fishery are as the following : 1) the foundation of the exclusive usable fishery right(1911, Gyogyorei), 2) the deletion of the settled U9space lift net and settled space sein net fishery, and the expansion of the cooperative fishery-No.1, 2, and 3 type cooperative fishery-(3rd amendment, 1963), 3) the deletion of the No.2 and 3 type cooperative fishery, and the separation of the culturing fishery in No.1 and 2 type culturing fishery (13th amendment, 1990). The effective period of the license fishery was amended as the following : 1) 1908(Eoeop-peop) : within 10 years, renovation system, 2) 1929(Chosen Gyogyorei) : within 10 years, unlimited extension system, 3) 1971. 7th amendment : 10 years, renovation system, 4) 1972. 8th amendment : 10 years, only 1 extension system, 5) 1975. 9th amendment : 5-10 years, only 1 extension system, 6) 1990.13th amendment : 10 years, within 10 years of total extensional years. The priority order of the fishery license was established in 1953 (Susaneop-peop). The amendment of it is as follows : 1) 1953. enactment \circled1 the fishing grounds that the fishery right is extablished 1st order : the existing fishery right man, unlimited renovation 2nd order : the corporate that the regional fisherfolk organized 3rd order : the rest experienced fishermen \circled2 new fishing grounds 1st order : the corporate that the regional fisherfolk organized 2nd order : the rest experienced fishermen 2) 1971. 9th amendment \circled1 the fishing grounds that the fishery right is established 1st order : the existing fishery right man, unlimited renovation 2nd order : the Eochongye that the regional fisherfolk organized 3rd order : the regional fishery cooperative that the regional fisherfolk organized 4th order : the rest experienced fishermen \circled2 new fishing grounds 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd order : the rest experienced fishermen 3) 1981. 10th amendment \circled1 the inside of No.1 type cooperative fishing grounds 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd orer : the rest experienced fishermen 4) 1990. 13th amendment \circled1 No.1 type cultural fishery 1st order : the Eochongye that the regional fisherfolk organized 2nd order : the regional fishery cooperative that the regional fisherfolk organized 3rd order : the rest experienced fishermen \circled2 No.2 type cultural and settle fisher : general priority order The effective period of the permission fishery was amended 6 timed. First, it was within 5 years and renovation system (Eoeop-peop). Now it is 5 years and renovation system. The effective period of the statement fishery was amended 4 times. First, it was within 5 years, and then was amended within 3 years(Chonsen Gyogyorei). Now it is 5 years.

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The Future Tasks for Reorganization of International Fisheries Order between Korea, China and Japan in Northeast Asian Seas (동북아 수역의 신 어업질서 성립과 향후 과제)

  • Kim, Dae Young
    • Ocean policy research
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    • v.33 no.2
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    • pp.57-82
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    • 2018
  • This study aimed to review the reorganization of fisheries and the future tasks in accordance with the establishment of new fishery order in the Northeast Asian Seas. As the United Nations Convention on the Law of the Sea, which recognized the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ), entered into force in 1994, the three countries of Korea, China and Japan ratified the United Nations Convention on the Law of the Sea in 1996 and started negotiations to establish a new fishery order consistent with the EEZ system. However, a conflict of interest occurred because of differences in fisheries between countries, negotiations many times have proceeded, resulting in the signing of fishery agreement between China and Japan in 1997, Korea and Japan in 1998, and Korea and China in 2000. Each fishery arrangement consists of a dual system of EEZ and provisional waters (middle waters, provisional waters). The two countries are engaged in mutual fishing based on coastal states in EEZ, and in the fishing operation under the principle of flag state in provisional waters. There are overlapping or ambiguous jurisdictions in the intermediate waters and provisional waters that are jointly available to both fisheries. The presence of these seas is a challenge to the establishment of a reasonable international fisheries management system for the entire Northeast Asian Seas. In this context, the challenges of the reorganization of the new fisheries order are as follows: 1) conversion to a fishery order for coexistence of fisheries, 2) expansion to an international fishery management system, and 3) establishment of a multilateral fishery cooperation system. Although the jurisdiction of their own waters has been expanded through the establishment of EEZ according to new fishery order, the need for mutual cooperation grows when considering the movement and migration of fishery resources, fishery management, fish consumption and trade. In addition to the fisheries cooperation between the governments, it is also necessary to revitalize the civil cooperation focused on fishermen who exploit fishing grounds together.

The Problem of Fisheries Economics Arising from the Liberalization of korean Economy (개방화시대의 수산경제학의 과제)

  • 이승래
    • The Journal of Fisheries Business Administration
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    • v.24 no.1
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    • pp.65-86
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    • 1993
  • In this paper, fishery economics is reviewed to extend a basic opportunity for developing new fishery economics and to evaluate the effects of the import liberalization on the fish trade structure of Korea. The principle outline of extensions emphasis to realize the modern fishery problems based on fishery economics and develop the practical methodology in order to analyze the impacts of the import liberalization on the fishery and fishermen welfare. During the process of export - oriented industrilization, the role and position of fishery in the economy is changed dynamically. When faced with the imperative of the role and position of fishery in the economy, fishery economists and domestic policy makers must decide how to organize themselves for solving fishery problems under the new regime in the import liberalization on the fish trade. Fishery problems impacted by the new regime can not be solved by fishery itself but be solved by the centralized efforts of all contributors in national views. Therefore the new systematic analytical methodology must be develop and the traditional fishery economics must be related to the regional development strategy and fishery sociology as subsidiary theories specialized. Due to the impacts of the import liberalization on the fish trade structure, fishery economists face with radical changes in the domestic fishery : a place of the resources harvest to place of the combination resource harvest and its demand, a fishing as a resource exploitation to a fishing as a resource management, a traditional small scale costal fishing to a modernized and scaled fishing, fishery using the given natural resource itself to fishery as technology intensive industry, and a food supply industry to a welfare indusry based on the regional and economic resource and social environment. As these changes, fishery and its community's regional and economic resource and social environments as multiple roles of the regional economic development are emphasized in fishery economics under the new regime in the import liberalization on the fish trade. Furthermore, domestic policy makers and administrators in a public sector must realize the above radical changing trends in fishery and understand a social and economic environment in fishery and develop a new fishery structure focusing on the fishing system and the fishery laws. As this point, they make efforts to improve and develop fishery as a food supply industry. Japan, for example, has a non - governmental organization to conflict the problem of international fishery such as a movement of a civil environmental protection. Also fishermen in Japan already realized conservation and pollution problems in fishing as fundamental issues of human being.

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Reorganization of International Fisheries Regime in the East China Sea and the Yellow Sea (동중국해ㆍ황해에 있어서 국제적 어업재편과 과제)

  • 김대영
    • The Journal of Fisheries Business Administration
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    • v.30 no.1
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    • pp.97-118
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    • 1999
  • This study discussed the international reorganization of fisheries in the East China Sea and the Yellow Sea, for the cases of Korea, China and Japan, through the fishery competition and the division of sea areas and resources. In these sea areas, each country has done mutual operation, which causes the fishery competition and controls fishery development. Besides, Exclusive Economic Zon(EEZ) established in 1996 resulted in the prominent changes of fishery development as well as fishery relationship among each country, demands reorganization of fisheries. New fishery order in these sea areas is controlled by BEZ system. The fishery reorganization according to EEZ is a common issue of each country and it also includes the importance of mutual fishery agreement. Resources of fisheries could be used continuously under reasonable management. Each country should consider the stability and existence of fisheries in the international viewpoint. At this point of time, those should be considered such as adjustment of interests according to the division of sea areas, establishment of resource management system and insurance of fishery management, for the subject of fishery reorganization.

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A Study on the Cost State of Medium Size Two-boat Trawler Fishery (이소인 중형기선저인망어업의 원가실태에 관한 연구)

  • 박정호
    • The Journal of Fisheries Business Administration
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    • v.8 no.2
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    • pp.1-19
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    • 1977
  • The results analyzed of the actual state of medium size two-boat trawler fishery based on the cost expended in 1975 are as follows: According to the calculation of interest, the total cost of this fishery comes to ₩ 55,353,807, and in this account, the production cost comes to ₩ 49,747,383 (89.9%) and the material cost comes to ₩ 27,027,662(48.8%), the labour cost comes to ₩ 10,381,013 (18.8%) the expenses, ₩12,338,708(22.3%) and commision and interest comes to ₩ 5,606,424 (10.1%). As above the fishery comes is 90% of production cost for the expense of production. The ratio of cost element to the total cost 100 is as follow: Fuel: 23.6%, allocation: 14.3%, fishing gear: 14.1%, boat repair: 13.0%, fish box: 8.5%, ice: 14.1%, commission: 6.9%, food cost: 4.5%, interest: 3.2%, transportation fee: 2.8%, consumption: 2.6%, tax: 2.5%, depreciation: 2.4%, administrative expense: 1.6%. The unit cost of catches to each box, including the interest, cames to ₩ 2,167 and not calculating the interest it comes to ₩ 2,098. The cost production to each kg comes to ₩ 114 including interest, without interest, it comes ₩110. When the production cost comes to 90.6%, it comes to 9.4% of total revenue. The reason which this fishery brings low income is that the boats are almost old and semi-diesel engine is used. So, fuel expense and repaire expenses needs too much. Acconding to above this fishery needs to replace new boat and new engine. And new are for this fishery needs to bring under cultivation in order to bring good income with the new method for this fishery. Specially, this fishery brings low income from July to September because of its rest from labour. And so, the expenses, item, and account of money, and the trust money the cost element are not showed in August.

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Effectiveness analysis about Readjustment of Fishery Permit (어업허가 일제정비제도 도입에 따른 효과분석)

  • Lee, Kwang-Nam;Jung, Jin-Ho
    • The Journal of Fisheries Business Administration
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    • v.42 no.2
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    • pp.97-112
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    • 2011
  • The coastal and offshore fishery to manage from a fishery permit system in our country at present seems to be a sign of lots problem, which are illegal fishing, a permit rent, non fishing vessel the purpose of vessel reduction, fishery compensation, tax exemption oil, the excessive occurrence of administrative cost due to differences during a period of a fishery permit. All the readjustment system for the permit has suggested an effective solution for a fishery permit management, the maintenance of a fishery order(the prevention of illegal fishery), the prevention of unused fishery, the entrance of new vessel in coastal fishery and it's system has prevent this problems in ahead. This paper has estimated an prevention convenience for an illegal spill of the tax exemption oil, actual effects of vessel reduction, the conservation of fishery resource for the future value and carried out an economic analysis to estimate compliance cost for the system introduction. Also, this study have analyzed throughly the coastal fishery situation and catched lots of issues on the management for the permit system. Especially, the problems improving the readjustment introduction for the permit have estimated the social and economic effects quantitatively and qualitatively with a calculated technique to classify various scenarios. This paper has judged correctly the term of validity for the permit to shorten as a result of the estimation and it will be to take the net convenience cost 1,655thousand million won. The results of this study have expect to provide a basic data to introduce the readjustment system for the permit.

A Study on the Controversial Point of the Jurisdiction from the New Fishery Agreements between South Korea and Japan and between South Korea and China (한.일, 한.중 어업협정의 체결에 따른 해양관할권행사의 문제점에 관한 고찰)

  • 이평현
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.6 no.1
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    • pp.99-109
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    • 2000
  • The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

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The Development of China′a Marin Fisheries and Reorganization of Region Fisheries in the East China Sea (동중국해에서 중국 해면어로어업의 전개와 지역어업의 재편)

  • 김대영
    • The Journal of Fisheries Business Administration
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    • v.31 no.2
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    • pp.27-45
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    • 2000
  • This study discusses the development structure of China's Marine Fisheries in the East China Sea. China's marine fisheries have developed since the 1980s along with it's economic expansion. The total catch in the East China Sea has increased especially during the 1990s. The Chinese fishery has developed remarkably through individual management, expansion of their fishing grounds from inshore to off-shore, and increase of the catch in both pelagic and bottom species. In other words, the trawl fishery in China has led to higher production. We can say that the progress in Chinese fisheries is the result of their expansion policy. Their boats have been coming closer and closer to the Japanese and Korea fishing grounds during the 1990s. Chinese fisheries is exploiting the low cost and thus strengthening its quantity. Based on rising fish price, expanding domestic fish markets as well as expels, China is enjoying the high income. However, in trawl fishery, productivity is stagnant and profit is going down due to the rising cost. In accordance with the new 200 mile EEZ system in the East China Sea, China's fisheries will be restricted mostly by the new regulation which requires the reduction of fishing efforts and the application of resource management.

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Foreign Entry Strategies for Korean Fishery Firms (한국수산업의 해외진출전략에 관한 연구)

  • 김회천
    • The Journal of Fisheries Business Administration
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    • v.15 no.1
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    • pp.131-153
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    • 1984
  • Fishery resources are still abundant compared with other resources and the possibility of exploitation is probably great. The Korean fishery industry has grown remarkably since 1957, and Korea is ranked as one of the major fishery countries. Its of fishery products reached the 9th in the world and the value of exports was 5th in 1982. But recently a growth rate has slowed down, due to the enlargement of territorial seas by the declaration of the 200 mile, Exclusive Economic Zone, the tendency to develop fishery resources strate-gically in international bargaining, the change in function of the international organizations, the expansion of regulated waters, the illegal arrest of our fishing boats, the rapid rise in oil prices, and the fall in fish prices, the development of fishery resources as a symbol of nationalism, the fishing boats decreptitude, the rise of crew wages, regulations on fishing methods, fish species, fishing season, size of fish, and mesh size, fishing quotas and the demand of excessive fishing royalties. Besides the the obligation of coastal countries, employing crews of their host countries is also an example of the change in the international environment which causes the aggravation of foreign profit of fishing firms. To ameliorate the situation, our Korean fishery firms must prepare efficient plans and study systematically to internationalize themselves because such existing methods as conventional fishing entry and licence fishing entry are likely to be unable to cope with international environmental change. Thus, after the systematic analysis of the problem, some new combined alternatives might be proposed. These are some of the new schemes to support this plan showing the orientation of our national policy: 1. Most of the coastal states, to cope with rapid international environmental change and to survive in the new era of ocean order, have rationalized their higher governmental structure concerning the fishery industries. And the coastal countries which are the objectives of our expecting entry, demand excessive economic and technical aid, limit the number of fishing boats’entry and the use of our foreign fishing bases, and regulate the membership of the international fishery commissions. Especially, most of the coastal or island countries are recently independent states, which are poorer in national budget, depend largely on fishing royalties and licence entry fees as their main resources of national finance. 2. Alternatives to our entry to deep sea fishing, as internationalization strategies, are by direct foreign investment method. About 30 firms have already invested approximately US $ 8 million in 9 coastal countries. Areas of investment comprise the southern part of the Atlantic Ocean, the Moroccan sea and five other sea areas. Trawling, tuna purse seining and five other fields are covered by the investment. Joint-venture is the most prominent method of this direct investment. If we consider the number of entry firms, the host countries, the number of seas available and the size of investment, this method of cooperation is perhaps insufficient so far. Our fishery firms suffer from a weakness in international competitive ability, an insufficiency of information, of short funds, incompetency in the market, the unfriendliness of host coastal countries, the incapability of partners in joint-ventures and the political instability of the host countries. To enlarge our foreign fishing grounds, we are to actively adopt the direct investment entry method and to diversity our collaboraboration with partner countries. Consequently, besides proper fishing, we might utilize forward integration strategies, including the processing fied. a. The enterprise emigration method is likely to be successful in Argentina. It includes the development of Argentinian fishing grounds which are still not exploited in spite of abundant resources. Besides, Arentina could also be developed as a base for the exploitation of the krill resources and for further entries into collaboration with other Latin American countries. b. The co-business contract fishing method works in American territorial seas where American fishermen sell their fishery products to our factory ships at sea. This method contributes greatly to obtaining more fishing quotas and in innovation bottom fishing operation. Therefore we may apply this method to other countres to diffuse our foreign fishing entry. c. The new fishing ground development method was begun in 1957 by tuna long-line experimental fishing in the Indian Ocean. It has five fields, trawling, skipjack pole fishing and shrimp trawling, and so on. Recently, Korean fisheries were successful in the development of the Antarctic Ocean krill and tuna purse seining. 3. The acceleration of the internationalization of deep sea fishing; a. Intense information exchange activities and commission participation are likely to be continues as our contributions to the international fishery organizations. We should try to enter international fishery commissions in which we are not so far participating. And we have to reform adequately to meet the changes of the function of the international commissions. With our partner countries, we ought to conclude bilateral fishery agreements, thus enlarging our collaboration. b. Our government should offer economic and technical aids to host countries to facilitate our firms’fishery entry and activities. c. To accelerate technical innovation, our fishery firms must invest greater amount in technical innovation, at the same time be more discriminatory in importing exogeneous fishery technologies. As for fishing methods; expanded use of multi-purpose fishing boats and introduction of automation should be encuraged to prevent seasonal fluctuations in fishery outputs. d. The government should increases financial and tax aid to Korean firms in order to elevate already weak financial structure of Korean fishery firms. e. Finally, the government ought to revise foreign exchange regulations being applied to deep sea fishery firms. Furthermore, dutes levied on foreign purchaed equipments and supplies used by our deep sea fishing boats thould be reduced or exempted. when the fish caught by Korean partner of joint-venture firms is sold at the home port, pusan, import duty should be exempted.

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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)

  • Cha, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.9 no.2
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    • pp.121-148
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    • 1997
  • 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.

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