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Northeast Asia Focus 1
The Origin of Shimane Prefecture’s So-called ‘Takeshima Day’ Ordinance
    Professor Park Chang-geon, Department of Japanese Studies, Kookmin University

Issues for securing fishing rights raised by Shimane Prefecture


  The core of Shimane Prefecture’s claim to Dokdo was fishing rights. Although Korea and Japan concluded a fishery agreement in 1965, Korean and Japanese fishermen were allowed to fish in the surrounding waters, excluding Dokdo’s territorial waters. However, as a result of Korea’s policies to intensively nurture inshore and deep-sea fisheries, the catches between Korea and Japan reversed in 1977, and Korean fishing boats caught more fish than Japanese ones in the Yamato Tai and Hokkaido waters. As a result, as the fishing issue between Korea and Japan emerged as a diplomatic issue, the conflict between the fishermen of the two countries amplified.

  In addition, in March 1977, the Soviet Union’s 200-nautical mile zone led to the enactment of new territorial sea laws between Korea and Japan. When Japan implemented the 12-nautical mile territorial sea and 200-nautical mile fishing zone law from July 1977, it set only the 12-nautical mile territorial sea around Dokdo and did not apply it to the 200-nautical mile fishing zone. In response, Japanese fishermen and related organizations organized the ‘200-Nautical Mile Promotion Campaign Headquarters’ and developed a campaign to demand the establishment of a 200-nautical mile zone and the fisheries administration to guarantee fishing rights.

  As such, the Korean government’s offshore policy to exclude Japanese fishing boats from the vicinity of Dokdo began in earnest as the fishing area expanded from the coastal waters of Korea to the waters around Japan due to the modernization of fishing technology and the enlargement of fishing boats. As a result, Shimane Prefecture began raising the issue of territorial sovereignty again in order to secure fishing rights around Dokdo.

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Approval of the ‘Takeshima Day’ ordinance by Shimane Prefecture


  On November 16, 1994, with the entry into force of the UN Convention on the Law of the Sea, which covers international rights and obligations concerning the sea, including the territorial sea, high seas, Exclusive Economic Zone(EEZ), and deep seabed development, fishermen and related organizations in Japan began to actively demand the Japanese government to revise the Korea-Japan Fisheries Agreement. The Japanese government abolished exclusive fishing zones prior to the conclusion of the UN Convention on the Law of the Sea, established the EEZ, and established a catchable volume system. Accordingly, Korea also set up the EEZ and established a catchable amount system, which was implemented from January 1999. As the domestic and international environment surrounding the sea between Korea and Japan is rapidly changing, the improvement of fishing capabilities due to the development of fishing technology in Korea, the entry of Chinese fishing boats into the East Sea, the Japanese government’s restrictions on fishing prohibited areas and periods, and the strengthening of management of fisheries in Japan raised the voices of dissatisfaction of Japanese fishermen and workers of fisheries.

  What is noteworthy is that with the entry into force of the New Korea-Japan Fisheries Agreement in January 1999, NGOs centered on the Fisheries Cooperative Association of Shimane Prefecture(“JF Shimane”) and the Shimane Prefectural Citizens’ Association(“Prefectural Citizens’ Association”) of the Takeshima-Northern Territory Return Movement claimed to have suffered enormous economic damage. They expanded it to the issue of territorial sovereignty beyond the issue of guaranteeing fishing rights around Dokdo. This is because despite the fact that both Korea and Japan established the area around Dokdo as an intermediate water area through the New Korea-Japan Fisheries Agreement, Japan claimed that Korea monopolized the fishing grounds in this water area and that Japanese fishing boats could not actually fish there.

  In this context, on February 23, 2005, 35 bipartisan members of the Shimane Prefectural Assembly accepted the interests of fishermen and workers of fisheries in the prefecture and submitted an ordinance designating the so-called Takeshima Day, and passed it at the plenary session on March 16.

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Politicization of disputes over fishing rights


  Since the enactment of the Takeshima Day ordinance, the General Affairs Division of Shimane Prefecture has established the Takeshima Issue Research Group to conduct research to discover historical materials and develop logic to prove that Dokdo is Japanese territory. Citing a report published by the Takeshima Issue Research Group, Shimane prefectural fishery-related pressure groups adopt the logic of asserting that Dokdo is Japanese territory and protest to the Japanese government as a political act. The protest as a political act expressed by Shimane Prefecture distorts Japan’s “non-residential preoccupation theory” and “inherent territory theory” of Dokdo and becomes a logical background for claiming that Korea is illegally occupying Dokdo. As such, Japan’s Dokdo-related policies are leading to “politicization of disputes,” bringing the territorial dispute to the surface by combining Shimane Prefecture’s populism and the logic of local politics.

  Here, the politicization of disputes refers to a phenomenon in which conflicts or confrontations between Korea and Japan combine with real politics to secure important interests directly related to maritime sovereignty and the existence and prosperity of maritime territories. This politicization of disputes is closely related to the opportunity for Shimane Prefecture to establish the so-called Takeshima Day.

  First of all, securing fishing rights between Korea and Japan over the waters around Dokdo, from the entry into force of the UN Convention on the Law of the Sea in 1994 to the conclusion of the New Korea-Japan Fisheries Agreement in 1998, that has become a territorial issue provides a clue to why Shimane Prefecture enacted the so-called Takeshima Day ordinance. The Korea-Japan fishery regime was transformed from the 1965 Korea-Japan Fisheries Agreement to the 1998 New Korea-Japan Fisheries Agreement based on changes in international maritime order and changes in the norms of fishery recognition. Interestingly, Shimane Prefecture is approaching the Dokdo policy from a value theory rather than an emotional approach, focusing on the issue of fishing rights directly related to the local economy.

  Furthermore, Japan ratified the UN Convention on the Law of the Sea in June 1996 and implemented a resource management system. In 2001, with the enactment of the Framework Act on Fisheries, Japan introduced the total allowable effort(TAE) system for sustainable use of fishery resources, which should be noted that measures have been put in place for fishing. This total allowable catch(TAC) system protects depleted fish species and aims at sustainable fisheries, so it was able to prevent overfishing of fish species resources by setting certain standards. However, since the amount of catches was determined according to the quota amount for local governments and fishermen, the total production amount was inevitably reduced, and as a result, the need to secure new fishing grounds was raised. Above all, Shimane Prefecture paid attention to the Japanese government’s negotiating method on how to handle the “territorial dispute over Dokdo” and how to negotiate the fisheries agreement and the EEZ issue.

  Finally, at the same time as the New Korea-Japan Fisheries Agreement was concluded in 1998, interest groups related to local fisheries strongly raised Shimane Prefecture’s territorial claim to Dokdo. In particular, it cannot be denied that the activities of JF Shimane and Prefectural Citizens’ Association, which have a deep interest in the fishing industry in Shimane Prefecture, had an impact on Shimane Prefecture’s policy establishment related to Dokdo. With the conclusion of the New Korea-Japan Fisheries Agreement in 1998, when the catch of Shimane Prefecture began to decline sharply, JF Shimane and the Prefectural Citizens’ Association began to organize their activities. The activities of JF Shimane and the Prefectural Citizens’ Association have turned from Shimane Prefecture’s Dokdo-related policies, which have begun to attract public attention in Japan, to the enactment of the so-called Takeshima Day ordinance. They have become a driving force for territorial conflicts to spread as a phenomenon of “politicization of disputes.”

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Claim to Dokdo by Shimane Prefecture for fishing rights


  The fundamental reason Shimane Prefecture raised the issue of sovereignty through the enactment of the so-called Takeshima Day ordinance can be seen as a fishing issue. Japan’s coastal fisheries, especially Shimane Prefecture’s catches, have been on a sharp decline since 1998, and the economic blow to fishermen due to the signing of the New Korea-Japan Fisheries Agreement has become a reality. To overcome these problems, Shimane Prefecture came to claim that it was necessary to establish sovereignty in order to secure safe fishing rights in the middle waters around Dokdo.

  This is because fishermen in Shimane Prefecture, where the proportion of fishing is higher than in other regions, thought that if they could secure Dokdo’s sovereignty, they could increase their catch by securing a new fishing ground. In other words, the fundamental reason why Shimane Prefecture was able to enact the so-called Takeshima Day ordinance could be traced back to the issue of fishery rather than the issue of territorial sovereignty.

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