OUTLINE OF THE PRESENT SYSTEM OF NATURE CONSERVARION

1. Legal Institution of Nature Conservation

The natural environment of Japan is conserved under the jurisdiction of the legal institutions in the figure below. Many other laws not listed in the figure also include regulations concerning conservation of natural environment in one way or another. The Environment Agency is in charge of execution of this legal system on the basis of the Nature Conservation Law by coordinating related governmental agencies.

2. Basic Policy on conservation of Natural Environment.

Based on the Nature Conservation Law, the "Basic Policy on Conservation of the Natural Environment" was decided by the Cabinet in 1973. Part one of the policy declares the concept of conservation of natural environment as follows.

Basic Policy on Conservation of the Natural Environment

Part1. Basic Policy on Conservation of the Natural Environment

Nature not only forms the natural environment, in the general sense of the world, necessary for human life, but also is the source of life itself, bestowing infinite good on man. That is to say,

1. Nature provides the resources necessary for human economic activities and

2. is in itself an essential element of human life

Particularly in our country, it has been our unique cultural tradition that man, nature and man's works of art form an organic unity. In view of this part played by nature in our social life, it might be said with reason that we must in the first place appreciate highly the value of nature and make a sprit of protection and conservation of nature our daily rule. From this standpoint, we are required to adopt a more well-rounded way of thinking based on ecology which illuminates the equilibrium existing among the various components of nature. We must cope with problems concerning coservation of the natural environment with the view that, principally, no human activity shall be allowed to disturb those subtle balances among such elements as sunlight, atmosphere, water, earth, and living beings.

In reality, however, destruction of the natural environment is already progressing at a relentless pace, and its monstrous scope and complexity gives rise to serious problems everywhere in our country. The situation is all the more problematic because it is often accompanied by inequality of interests to the extent of social injustice, rendering any adequate measures to be taken against the process of destruction increasingly more complicated.

This leads us to the conclusion that we are required to develop vigorous, comprehensie policies covering all realms of the social and economic system in a manner permitting us to impose, where deemed necessary, severe controls on human activities. To be more precise, we must realize that there are limits to natural resources and reflect critically on those economic activities based on mass production, mass consumption and mass disposal. We must now give due place to the nonmonetary value of nature, which has often been overshadowed by the preference for economic rentability. Furthermore, we must endeavor to create a rich environment by introducting adequate control and guidance through a proper land planning which puts emphasis on conservation of the natural environment.

Needless to say, the policy for conservation of the natural environment with nature protecton as its main issue will occupy an important part of a comprehensive policy which is to be developed from the aforementioned fundamental idea. Its task will consist in keeping human activities in check from the viewpoint of nature conservation in a manner required by specific regional circumstances. Therefore, in carrying out the policy, we must evaluate scientifically and specify quantitatively as well as qualitatively the proper extent of conservation measures to be taken in the country as a whole and in different regions. It must, however, be realized that the establishment of such measures will inevitably involve such difficult problems as limitation of human activities or distribution of the limited resources. It must also be kept in mind that present state of scientificknowledge is still far from illuminating the mystery of nature in its entirety.

Under these circumstances it might be suggested that a more postive and far-sighted attitude is required to cope with nature conservation, so sa to brace for further trouble in the future. In other words, we must not only protect nature from destruction but also take active measures to restore and re-arrange the natural environment as our common goods. For this, the invaluable nature rich in flora nad fauna, wild animals, land with unique topographical features and the like, must be conserved in an ample area with the view to prevent any conceivable further damage in the near future. In virtue of their roles in conservation of the natural environment, agriculture, forestry and fishery, which permit a rational utilization of sun energy, must be given their due and promoted to develop on a sound basis. In urban areas, the natural environment must be conserved in a manner ensuring healthful human life. Moreover, the nature conservation policy must not simply remain a domestic policy, but it must activate a vigorous, world-wide cooperation in protection of valuable wild animals and plants as well as in marine pollution control.

Based on the aforementioned principles, the fundamental directions of the actual policy for nature conservation can be laid down as follows:

1. Nature Conservation Law and associated legal institutions of various kinds are to be employed in a comprehensive manner permitting a systematic conservation of nature in her diversity.

(1) Conservation work is strictly to be executed for Wilderness Areas untouched by human activities, places of scenic beauty, natural objects of academic or cultural value and the like. They must be handed down to posterity as national, as they either contain a rich variety of living species or provide man with knowledge of the subtle mechanism of nature.

(2) Areas playing an important role in maintaining the balance of nature, outstanding scenery, habitats of wild animals and sites fit for outdoor recreation are of vital value to man in relation to nature. They are to be given proper protection, or restored and re-arranged where deemed necessary.

(3) The importance of agriculture, forestry and fishery for nature conservation is to be duly assessed and efforts are to be made for their proper development, since they are indispensable not only as suppliers of resources but also from the viewpoint of maintaining the balance of nature.

(4) Wooded land, grass-growing plots, watersides and the like in urban areas are not only useful for purifying the atmosphere, mitigating meteorological phenomena, and preventing ruthless urbanization, environment pollution or disasters, but also have a major influence on the spiritual formation of inhabitants of areas. Therefore, vigorous efforts are to be made to protect, promote or restore such zones where deemed essential to the sound structure and environment of cities.

2. Natural areas to be conserved must be properly administered in accordance with their specific characteristics. For this purpose, we must, while endeavoring to elaborate the relevant administrative system, encourage purchases of privately-owned land when deemed necessary.

3. When a large-scale development project of any kind potentially destructive to the natural environment is to be executed, the executer concerned must carry out prior surveys which range from forecasts of the extent of impact resulting from the project on the natural environment to comparative studies on alternative projects. The result of such prior surveys is to be reflected in the project and the work is to be carried out with the consent of local residents. He must see to it that measures can be taken for nature conservation whendeemed necessary even after the development work.

4. Much is still to be learned about the mechanism of nature. We must vigorously encourage studies on human activities in relation to nature, ecological cycle of materials and techniques ensuring the conservation of the ecosystem. For this purpose, we must endeavour to establish a research system, elaborate an information network and train technicians who are capable of turning the work of researchers into concrete measures. Moreover, we must carry out scientific surveys in various fields ranging from flora and fauna, wild animals, topography, and geology to the invisible mechanism of nature often neglected, in order to grasp precisely the actual state of the natural environment in our country.

5. To ensure sufficient conservation of the natural environment, it is essential that every single individual in our country appreciate and activate the sprit of conservation and protection of nature. For this, environmental education is to be vigorously promoted shools as well as in communities in order to deepen the insight of the people into the relation between man and nature and eventually to cultivate love and morality in regard to nature.

6. It is one of the major purposes of nature conservation to respond to the longing of our people for nature. Sound outdoor recreation which ensures man's contact with nature will assume more and more importance in the daily life of the people, and actually, there is a growing demand for it. On the other hand, such activity is threatening to destroy the irreplaceable nature where it is excessively concentrated in one particular local area. Therefore, policies encouraging out door recreation must be readjusted in a manner ensuring a proper conservation of the natural environment.

The above program for conservation of the natural environment shall be vigorously developed through coordination with local governments and on the basis of cooperation and understanding on the side of the people. For this, we must face courageously the task of regulating and development, laying more stress on the public nature of land, and the like. At the same time, in execution of such a program, it is necessary to adopt a comprehensive point of view, adjusting it, on one hand, with land conservation and other public interests and ensuring, on the other, a just distribution of burdens resulting from conservation, stabilizing the existence of local residents, promoting welfare, safeguarding property rights including proprietory right and others, and the like.

Proper conservation of the natural environment will not be realized unless social justice is attained both in benefit and burden involved in the act of conservation and exploitation of nature.

Part 2. Fundamentals for Nature Conservation Areas (omitted)

3. Outline of Main Measures

1. Nature conservation

The Nature Conservation Law, the basic law of nature conservation, which provides the basic subjects for conservation of nature, aims to promote the conservation of natural environment together with other related laws.

The following is an outline of the main measures take according to the Law.

(1) Basic Policy on Conservation of Natural Environment.

(2) The Natural Survey on the Natural Environment: Green Census. An outline of this survey is described separately, on pp. 119-121

(3) Wilderness Areas and Nature Conservation Areas The areas designated so far are:

　 Wilderness Areas: 5, ca. 5,600 ha

Nature Conservation Areas: 8, ca. 7,400 ha

Prefectural Nature Conservation Areas: 445, ca. 78,000 ha

(A) Criteria for the designation of these areas

Wilderness Area:

Area that preserves its original characteristics without any influence of human activities.

Nature Conservation Area:

Natural area that preserves its valuable natural environment, as:

a) alpine and subalpine vegetation

b) valuable natural forests

c) typical landscape, geology and natural phenomena

d) river, lake, marsh, and sea coast

e) marine area

f) habitats of plants and wildlife preserving a natural environment comparable to a)-e)

Prefectural Nature Conservation Area:

Area that preserves a natural environment almost equivalent to a Nature Conservation Area, but does not include marine areas.

(B) Designation

Wilderness Areas and Nature Conservation Areas are designated by the Director General of the Environment Agency after conferring with related governmental agencies and consulting with the Nature Conservation Council. Prefectural Nature Conservation Areas are designated after conferring with the Director General of the Environment Agency by the Governor of the Prefecture concerned.

Wilderness Area: in a "no-trespassing area" even entrance is prohibited except by permission of the Director General of the Environment Agency. In other areas all activities influencing natural ecosystems are prohibited except when permitted by the Director General of the Environment Agency.

Nature Conservation Area and Prefectural Nature Conservation Area: In a "wildlife protection area" s capture and collection of designated animals and plants are prohibited except by the permission of the Director General of the Environment Agency or the Governor of the Prefecture concerned, respectively. In a "special area" all activities except those permitted by the Director General or Governor concerned according to the guidelines, are prohibited. In other areas all activities must be reported to the Director General or the Governor concerned, respectively.

(D) Administration system

The areas are administered by Nature Conservation Officers in each area under the direction of the Environment Agency.

(2) Natural Parks

The legal basis of Natural Parks is the Natural Park Law. The Law aims to conserve scenic areas, to promote their utilization, and to contribute to the health, recreation and culture of the people. To cope with this Law, Natural Parks of different order are designated.

National Parks: 27 parks, 2.02 million hectares (ca. 5.4% of the area of the country)

Quasi-National Parks: 52 parks, 1.25 million hectares (ca. 3.0% of the area of the country)

Prefectural Nature Parks: 293 parks, 2.05 million hectares (ca. 5.5% of the total area of the country)

Designation and planning of the National Parks and Quasi-National Parks are carried out in the following scheme.

1 Designation

National Park: Designated by the Director General of the Environment Agency after conferring with related governmental agencies and consulting with the Nature Conservation Council.

Quasi-National Park: Designated by the Director General of the Environment Agency by proposal of the Governor of the Prefecture concerned after conferring with related governmental agencies and consulting with the Nature Conservation Council.

2 Planning

Conservation and regulations for facilities for utilization of National Parks are planned by the Environment Agency and revised about every five years. For Quasi-National Parks planning is conducted by the Prefectures concerned under the guidance of the Environment agency to follow the standards of National Parks.

(3) Classification of park areas and regulations in them

Special areas: Permission of works like construction is given by the Director General of the Environment Agency for National Parks and by the Governor of Prefecture concerned for Quasi-National Parks.

4 Administrative system

The parks are administrated by 89 Rangers located in the parks. There are 41 Ranger's Offices under 10 National Park Offices supervised by the Environment Agency.

(3) Wildlife protection

The basic law for wildlife protection is the Law Concerning Wildlife Protection and Hunting. This Law aims to improve the environment and to promote agriculture, forestry and fishery through protection and propagation of wildlife and control of harmful animals through wildlife protection works and regulations of hunting. The main procedures are as follows:

1 Protection

(A) Wildlife Protection Plan

A five year plan is made by the Governors of Prefectures concerned according to the guidelines given by the Director General of the Environment Agency.

(B) Designation of Wildlife Protection Areas

National Wildlife Protection Areas: 464 areas, 1.17 million hectares

Prefectural Wildlife Protection Areas: 2,502 areas, 1.77 million hectares

In Special Protection Area included in both of them, permission must be obtained for works.

Hunting of wildlife, except for 47 game animals, is prohibited, and the season and method of hunting are restricted. A hunting licence issued by the local Governor, valid for 3 years, and registration of hunters with the local governor, valid for 1 hunting season, are required for all hunters. Designation of Shooting Prohibited Areas and Game Areas is by permission of the Director General of the Environment Agency.

2 Miscellaneous

(A) Propagation of Nipponia nippon

All surviving birds were captured in January 1981, and propagation attempts are being made with 4 birds.

(B) Adjustment between protection and control of damages to agriculture and forestry by Capricornis crispus

Permission for capture is given by the Environment Agency and Designation of Protection Areas is done by the Agency for Cultural Affairs.

(D) Designation of Special Birds

Protection and restriction of transfer of endangered birds are executed according to the "Law Concerning the Regulation of Transfer of Designated Birds"

(4) Hot Springs

The "Hot Springs Act" aims to contributed to public welfare by protection of hot springs and regulation of their use.

The main procedures are as follows:

1 Regulation

Permission of the Governor of the Prefecture concerned is required for excavation of hot springs, to protect the sources. Permission of the Governor of the Prefecture concerned is required for bathing facilities and drinking of hot springs, to secure proper use.

2 Arrangement

The designation of People's Hot-Spring Recreation Areas has been done in 69 areas.

(5) Other Legal Instiuttions

In addition to those described above, there are many legal institutions related to the conservation of natural environment. The "Forest Law" plays important roles in the conservation of forests which occupy seven-tenths of the land area and have multiple functions such as soil conservation and water supply.

The "Law for the Protection of Cultural Assets", which aims to contribute to the culture of the people by preserving cultural assets, also plays an important role in the conservation of natural environment. The cultural assets protected by this Law are:

1 Historical monuments: middens, mounds, ruins of ancient castles, etc. with historical or scientific importance.

2 Scenic places: gardens, bridges, canyons, straits, mountains, etc., valuable from an artistic viewpoint or for their scenery.

3 Nature monuments: animals, plants, rocks and minerals of high scientific importance.

"Historic Natural Landscapes" are designated according to the "Law Concerning Special Measures for the Preservation of Historic Natural Landscapes of Ancient Cities", to preserve the tradition and culture of old cities which consist of historic buildings, ruins, and natural landscapes surrounding them, in cities like Kyoto, Nara and Kamakura.

The "City Green Zone Conservation Law" and "Productive Green Land Law" were enacted and executed to protect and restore natural environment like wooded areas, grasslands, agricultural lands, lakes and ponds, which play an important role in prevention of disasters and are indispensable for the amenity of city life.

In addition to the completion of the necessary measures within the country, international cooperation is very important in the preservation of wildlife. "Convention on Wetlands of International Importance Especially as Waterfowl Habitats" (Ramsar Convention) and "Convention on International Trade in Endangered Species of Wild Fauna and Flora" were ratified, and efforts are being continued to preserve internationally important plants and animals through international cooperation. Bilateral cooperation is also progressing through conventions and agreements for protection of migrating birds with the U.S.A., China, and Australia.

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