Some Problems of Fishery Right and Conflicts

Abstract

1. Confricts concerning fishery can be divided into two groups; conflicts among fishermen themselves and those resulted from competition between fishery and manifacturing industry. The fomer has been caused maily bny defects of fishery systems. The main cause of the latter is that which manufacturing industry has developed to cover coast zones under favor of "high growth policy". In any case, in order to make reserches into them, it is indispensable to study the legal character of fishery right, especially commonfishery right. Moreover, it is important to study compensation for the losses of the injured fishermen.
2. After fishery system reformation in 1949, the legal character of common fishery rights has remained as before. Though a fisheries co-operative association became to be the subject of fishery rights by the reformation, each fisherman as a member of it have still owned right to do his fishing, that is, right to engage in fishing on the basis of right of a fisheries co-operative association. We should consider those rights to be a property right as a real right. A fisheries co-operative association fills the double roles; the subject of fishery rights on one hand and the subject to protect fishermen's interests on the other hand. In order to fill the first role, it is desirable that the scale of a fisheries co-operative association should be equal to that of a fishing village community. But, in order to fill the second role the scale must be expanded. Accordingly fishery co-operative associations have been consolidated in various districts. As a result, it is difficult for a fishery cooperative association to play the first part. Therefore problems of controling the scale have got more important.
3. So far compensation for the losses of the injured fishermen has been rendered to a fishery co-operative association because it is the subject of fishery rights. Never the less fishermen are the real subjects of fishery rights, and have rights to do their fishing. Therefore it is natural that compensation should be rendered to each fisherman.