Cats v. Birds in Japan: How to Reconcile Wildlife Conservation and Animal Protection

Georgetown International Environmental Law Review, Fall 2004 by Takahashi, Mitsuhiko A

It shall be prohibited to leash a strayed cat, which is or might be owned by another person.

Morike monjo1

I. INTRODUCTION

On January 11, 2002 in Naha, Japan, the Chief of the Environmental Ministry's Okinawa Conservation Office announced the Ministry's plan to add feral cats as a target in the ongoing invasive species eradication campaign to save endangered species.2 The project aimed to trap feral cats and mongoose in the jungles of the Yanbaru area on Okinawa Island.3 Mongooses would be euthanized immediately, but cats would be impounded for four days to encourage adoption.4 Cats not adopted within the four-day waiting period would then be euthanized.5 This announcement provoked an outcry from animal rights advocates and led to a controversy among conservationists. This issue raises several legal issues worthy of discussion, including the lack of legal measures for cat management and the treatment of life in invasive species eradication. Part II of this note reviews the controversy over feral cat eradication in Japan. Part III explores the cultural considerations that have caused the controversy, as these cultural tendencies are central to any discussion of a society's legal attitude toward animals. Part IV investigates legal issues relating to feral cat control in Japan, and Part V undertakes a comparative study with American and Australian laws. Finally, Part VI analyzes the results and makes recommendations for feral cat control in Japan as well as in other countries.

II. THE FERAL CAT PROBLEM IN OKINAWA, JAPAN

A. WILDLIFE AND BIODIVERSITY OF OKINAWA

The Japanese government decided to carry out this program to conserve endangered species and their critical habitat in the Northern region of Okinawa Island. Okinawa Island is the main island of the Ryukyu chain, which comprises the southern tail of the Japanese Archipelago. The Ryukyu Islands consist of approximately 140 subtropical islands between the Japanese mainland and Taiwan. Okinawa is called the "keystone of the Pacific" for its strategic importance to the American military. Taiwan, Shanghai, Korea, the Philippines, and Tokyo are all within a 1500 km radius from Okinawa. For plants and animals, the Ryukyu Islands served as a "stepping stone," allowing the expansion of the distribution of species that originated on the continent. The Cenozoic paleogeography of the Ryukyu Islands has been dynamic with periods of intermittent land bridge connections and isolation between the islands and adjacent landmass.6 The dynamism of land configuration and the subtropical climate brought the Ryukyus a rich biodiversity of global importance.7 Many species isolated in the islands evolved to become endemics.8 Some of these endemic species are known to be "relics" of once-prosperous species.

Okinawa Island is the largest of the Ryukyu Islands, stretching 130 kilometers (80 miles) from north to south, yet it is only 10 kilometers (6 miles) wide. The southern half is heavily populated and contains the prefecture capital, Naha. The northern part of the island is mountainous and sparsely inhabited. This region is called "Yanbaru," which translates as "mountain." It is covered with dense subtropical forest and is known for its rich biodiversity.9 Numerous endemic animals are found in Yanbaru's forests, which total only 300 square kilometers (74,000 acres). Two species of birds are found in Yanbaru, the Okinawa rail (Rallus okinawae) and the Okinawa woodpecker (Sapheopipo noguchi).]10 The Okinawa rail is a beautiful chicken-sized flightless bird with a distinctive black and white streaked belly and a red bill. Its estimated population of 1800 is found only in Yanbaru and was discovered only as recently as 1981, causing a sensation among birdwatchers worldwide. The bird is now listed as endangered under Japan's Endangered Species Law,1 ' and is a "Special Natural Treasure" under the Cultural Property Protection Law.l2 Other indigenous, endemic, and endangered or vulnerable animal species include little-known shrews, rats, bats, reptiles, and amphibians.13

The core area for biodiversity in Yanbaru is the U.S. Marines' jungle Warfare Training Center, previously known as the Northern Training Area.14 The Training Center, which consists of 78 square kilometers (or 19,360 acres) of old growth subtropical forest and jungle, is off-limits to civilians and contains very few roads. Due to the nature of the facility, there is minimal human interference, and thus it serves as a sanctuary for wildlife. In response to Okinawans' longstanding desire to reduce the size of military bases in the prefecture, a significant portion of the Training Center is scheduled to be returned to the Japanese government in the near future. '5 Although the plan has not yet been endorsed by the government as a whole, the Ministry of Environment has indicated that it plans to designate a national park in Yanbaru after a significant portion of the Training Center is returned.16

B. THREATS TO BIODIVERSITY IN OKINAWA

Environmental conservation in Yanbaru has been an ongoing issue of public concern due to overwhelming human pressure. Public works (road building, dam construction, etc.)17 and subsidized timber harvest are degrading the wildlife habitat to a critical degree. '8 In recent years, another factor has been identified: an increase in alien predators such as mongooses and feral cats.