A Study on the Compensatory System for Fishery Damage Caused by Development in Urban Coastal Areas

Abstract

The geographical characteristics of Japan make its coastal areas important in land planning policy. Especially in urban coastal areas, there always occur conflicts between many different usages at high tense. It has been persuasively argued that such conflicts are ultimately to be solved by grand policy of coastal zone management. Even so, however, compromises between fishery usages and others are inevitable, complicated and often burdensome, owing to fishery right and compensation for fishery damage.

In this study, we first argue that compensation should be executed on ex post fact basis, that is, the amount of compensation should be determined on the based of the actual losses. To the end, "Fishery Compensation Fund" is proposed as an alternative to the existing compensatory system. Secondly, taking environmental changes upon fishery into account, we point out that the fishery right now in effect is hindrance not merely to development, but also to encouraging farming fishes and shells and managed fishery. We propose, therefore, that the sphere of the fishery right should be decreased, but its contents should be strengthened.