China’s distant water fisheries and its response to flag state responsibilities

1. Guifang (Julia) Xue* Marine Policy 30 (2006) 651–658 China’s distant water fisheries and its response toflag state responsibilities Advisee ： Yu-HengLu B95310013 EBFS,NTOUSep.28,2009

2. Introduction

3. Compliance Agreement a range ofobligations for states fishing on the high seas Fish Stocks Agreement authority to enforce high seasfisheries the clarification of the scope of international cooperation

4. New obligations- coastal states and highs seas fishing states have to comply and cooperate for the conservation and management of high seas fish stocks. • Compliance with the requirements and provide basic procedures: • Boarding • Inspection • They have had great impact on states fishing on the high seas towards the way fisheries resources are exploited and managed.

5. Q Distantwater fisheries Reduce China’sexcessive fishing pressure • Decline of the fisheries resources • Deterioration of marine ecosystem • Industry requires strategic restructuring Aquaculture DEMAND

7. China’s distant water fisheries: an industry carrying great weight

11. Control over distant water fishing vessels • China’s effort in implementing its flag stateresponsibilitieshas been carried out through adjusting and enactingits domestic laws and regulations: • Registration of fishing vessels • Authorisation to fish on the high seas • Compliance withinternational requirementsabiding by international

12. Circular on Enhancement of Offshore Fishing Vessels • Mark the vessels as required • Carry fishing licences • Fly the flag granted • Comply with international law This circular was adopted shortly after the conclusion of the Compliance Agreement.

13. Major laws andregulations to this effect included: • Circular on the Issuance of Nationality Certificate toDistant Water Fishing Vessels • Regulations of the PRC on the Registration ofFishing Vessels • Circular on Further Enhancement and Control overDistant Water Fishing Vessels • Regulations on the Inspection and Management ofDistant Water Fishing Vessels • Urgent Circular on Firm Control and Managementof Distant Water Fishing Vessels • Regulations of the PRC on the Inspection of FishingVessels • Regulations on Distant Water Fisheries

14. Vessel Registration ofRegulations • The required documents forvessel registration • Vessel inspectioncertificate • Fishing permit • Authorisation by MOA • Registerthe name of the vessel • Registerthe nationality of the crew The Compliance Agreement, Article III

15. Vessel Inspection Regulations • Vessels’ quality and safety • Set out stricter legal liability for violations andmore authority to fisheries administration • Stipulate therights and responsibilities of relevant authorities for vesselinspection • Emphasize the safety of fishermen andthe prevention of marine environmental pollution

16. Regulations on DWF • Report their catches, species, and value • Fly China’s flag • Complete fishing logbooks The Compliance Agreement, Article III (6) and III (7). See also TheFish Stocks Agreement, Article 18 (3). The Compliance Agreement,Article III (5. a) The Fish Stocks Agreement, Article 18 (3. g)

18. Conclusion • Flag state responsibility is a key component of the post-LOSC fisheries instruments. • The paperdiscussed China’s policy adjustment in controlling itsdistant water fishing fleet as a flag state in accordancewith the major management measures and general principles. • China has to take concrete steps to bring its management practice in line with the requirements of international fisheries instruments and to set priorities to improve its overall management capacity and to enact national legislation so as to make it ready to ratify the two instruments and to live up to their terms.

19. THANKS FOR YOUR ATTENTION

20. analysing production trends and market information; • providing information on the fisheries policies of theworld major fishing states’; • analysing the requirements of international fisheries instruments on distant water fisheries; • analysing fisheries economic development trends; and • demonstrating the technical and economical value ofdistant water fisheries programs. In 2002, China had more than 1700 distant water fishing vessels,and they fish in the Pacific Ocean,the Indian Ocean,and the Atlantic Ocean,accounting for an annual output of 830,000 tonnes and a total value of 6 billion Yuan(RMB).