水源地域保全条例の政策過程と実効性に関する課題

抄録

　　In Japan, serious news that foreign companies have purchased watershed-protected forests has become widely known as a social issue.　Consequently, many prefectures are now hurriedly designing Water Source Area Conservation Regulations （WSACR） in response to many concerned foresters who demand legal measures, not because of actual overexploitation but because of the potential risks.　These WSACRs require all new owners to submit a plan for buying and using forested areas before completion of a land sale to supplement the revised forest act, which imposes a duty ex post facto to apply for a sale.　In fact, no detailed report yet exists regarding the policymaking process of WSACR and situations for WSACR applications.
Based on the experiences in Hokkaido with regard to the acquisition of water sources by foreign companies （specifically in the towns of Niseko and Kutchan）, the current study seeks to examine the validity of the processes involved in the formulation of WSACR, as well as related to operational challenges for the circum-Hakusan region （comprising the prefectures of Fukui, Ishikawa, Toyama, and Gifu）, which yet has no experience with such acquisitions.　To approach this problem, data has been gathered through interviews with forest policy officials at the prefectural and municipal levels, with characteristics and procedures relating to WSACR then summarized in detail.
Analysis revealed the following points.　First, currently, there are no cases for the acquisition of forests in the circum-Hakusan region by foreign companies, and the role of WSACR is defined to be for fact-finding rather than licensing.　Accordingly, plans by overseas companies attempting to acquire forests will not be rejected without reason.　Second, while criticisms of excessive procedures and regulations have been previously raised in the implementation of conservation regulations, there are currently many who express the converse desire to further strengthen penalties.　The reason for this is the desire to eliminate the anxiety that foreign companies will rampantly exploit Japan’s forests.　Third, while forest land registries have for the most part yet to be fully clarified, there is a limit to what can be accomplished in this regard at the municipal level.
A lesson for the future is to ensure that public opinion about a foreign company buying forested area does not become unnecessarily complicated because of the absence of credible information. It is impossible to regulate overexploitation of forests under the Water Source Area Conservation Regulations, which has been instituted for local governance.　If local foresters desire harsher regulations, developing national laws will be the appropriate approach to fulfill their needs.
JEL Classifications:Q18, Q23, Q58