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(4) Foreign Fishing Vessel Countermeasures
a. Situation Prior to UNCLOS Ratification
The waters surrounding Japan include many prime fishing grounds, and so many fishing vessels from neighbors, such as Russia, the Republic of Korea, the People's Republic of China, and Taiwan, and other countries operate in our waters.
It is for this reason that laws concerning commercial fishing by foreigners, such as the "Law for Regulation for Fishing Operation by Foreign Nationals" and the "Law on Provisional Measures Relating to the Fishing Zone," endeavored to maintain correct order in commercial fishing and appropriately preserve and control aquatic resources in Japanese territorial sea, fishing zone, etc.
It should be noted that laws such as the "Law on Provisional Measures Relating to the Fishing Zone" did not apply to the citizens of the People's Republic of China and the Republic of Korea. In addition, there were no fishing zones established for the Sea of Japan, East China Sea, and the portion of the Pacific Ocean west of 135' east longitude.
 
b. Countermeasures Hereafter
Along with its ratification of UNCLOS and establishment of EEZ, the Japanese government abolished the 1977 "Law on Provisional Measures Relating to the Fishing Zone," and enacted the EEZ Fishery Law, which prescribes anew Japan's sovereign rights, etc., in EEZ.
As a result, in place of the former fishing zones set up based on the "Law on Provisional Measures Relating to the Fishing Zone," the current actions newly establish EEZ that include sea areas west of 135' east longitude. Consequently, Japan's sovereign rights related to commercial fishing and the harvesting and exploration of aquatic flora and fauna will extend comprehensively over surrounding waters out to the 200-mile zone for the most part.
Furthermore, regarding foreign fishing vessels that commit violations in these zones, the early release system (also called "Bond System") will apply for violators who tender a bond, similar to the case in the "Law on Provisional Measures Relating to the Fishing Zone" heretofore.
Accordingly, since JMSA will be responsible for larger areas of the sea, it will have to strengthen its monitoring and law enforcement operations regarding foreign fishing vessels even further than it has to date.
In addition, in the case of the Republic of Korea and the People's Republic of China, because Japan has commercial fishing relationships based on respective bilateral
 

 

 

 

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