Text: Zhou Luming Law
Edited by Zhou Luming Law
«——【Preamble】】 ——»
China is a big maritime country, with vast waters and abundant marine resources, and the development and utilization of marine organisms have largely met the needs of people for aquatic products in their daily lives, improved the dietary structure of residents, and made positive contributions to ensuring China's food safety.
The sustainable development strategy includes ecological, economic and social sustainable development, which aims to emphasize not only the immediate interests, but also based on long-term development, and the harmonious coexistence of man and nature while accelerating the development of the fishery economy.
With the rapid development of science and technology, there are various ways for human beings to obtain fishery resources, and the relevant laws and regulations for the research on sustainable fishing of fishery resources should also be continuously improved, in order to achieve the maximum protection of fishery resources.
An overview of the sustainable fishing of marine fishery resources
According to Article 55 of the Regulations on the Administration of Fishing Permits, revised by the Ministry of Agriculture and Rural Affairs in 2022, fishery fishing activities refer to "the act of fishing or preparing to harvest aquatic living resources, as well as various activities that provide support and services for such activities." Except for the manual and sporadic collection of aquatic products in unmanaged tidal flats or waters. ”
Fishery fishing is a form of marine fishing, so marine fishing can be defined as the activity of fishing for aquatic organisms using specific tools. In China, the main mode of marine fishing is to use nets, and the largest number of fishing vessels and production are trawls, drift gillnets and stretch nets.
Due to the legal characteristics of marine fishing tools, in order to make better use of the fishing function of nets and efficiently implement the standards for the use of nets, any person engaged in fishing must strictly implement these standards.
The main objects of marine fishing are aquatic organisms with economic value, so their fishing resources have the characteristics of diversity and stability. China's vast ocean area is rich in marine biological resources, and according to statistics, the number of marine organisms has reached more than 2,000 species.
At the same time, due to the complex water conditions in different sea areas and the changeable climate in different regions, the fishable resources in different sea areas of China are diverse.
At the same time, the economic benefits brought by the fishing of marine organisms are considerable, and large-scale fishing makes the marine environment have a good self-recovery ability to ensure the stability of the marine environment, so if the marine fishing intensity is controlled within a reasonable range, the benefits of marine resource utilization can be maximized.
In recent years, China's coastal fishing intensity has reached a level that can be sustained by sustainable fisheries, and in the long run, it will cause irreversible damage to marine resources.
With the change of seasons, the rational exploitation and utilization of effective resources and the realization of sustainable development of resource recycling are still the top priorities of today's social research.
Economic growth will inevitably have an impact on the environment, and a series of environmental problems such as air pollution, vegetation destruction, and water pollution still have to be weighed against economic development. China is rich in marine resources, and fishery and mining resources have made great contributions to economic development.
However, while achieving rapid economic growth, it ignores the multiple values of harmony between man and nature. The Environmental Protection Law of the People's Republic of China and the Marine Environmental Protection Law of the People's Republic of China were formulated for the purpose of achieving sustainable economic and social development, and regulating all aspects of environmental protection.
At the same time, the formulation of environmental law can effectively regulate the behavior of damaging the environment, so that the concept of sustainable development can be fully exerted in all fields of environmental protection, and the application of the concept of sustainable development in the ecological environment can be thoroughly implemented, so that the demand for environmental resources will gradually move towards the direction of environmental protection, which is conducive to protecting the interests of the present and future generations and all mankind.
Fishery economists put forward the concept of sustainable production: "The sustainable use of fishery resources is the rational use of fishery resources, and maximize sustainable production, the essence of which is to achieve harmony and balance between fishery resources, water environment and social and economic development." ”
Rational use of marine resources, to achieve sustainable fishing of fishery products, to maximize economic benefits, to ensure the rational use of marine resources and the balance of the ecosystem.
At this stage, the sustainable use of marine resources should be realized, so as to maximize the benefits of fishery resources, and make great contributions to the rapid development of China's economy.
In addition, the realization of sustainable fishing of marine resources should be subject to its specific legal regulations. For example, the use of fishing gear and nets and the production specifications are strictly controlled to ensure that sustainable catches of fishery resources are achieved.
In order to match the fishing intensity with the available catch of the resources in the future, ensure the sustainable use of marine resources, and demonstrate the mainland's determination to protect the marine ecological environment and develop sustainable fisheries, it is expected that China's marine fishing will further decline in the next few years.
The current status of China's marine fishing legal system
As the fundamental law of the country, the current Chinese Constitution does not have clear legal provisions on marine fishing, fishery resources are an important part of natural resources, and Article 9 of the Constitution clearly stipulates natural resources, "The State guarantees the rational use of natural resources and protects precious animals and plants." ”
It is forbidden for any organization or individual to use any means to encroach upon or destroy natural resources. Article 26 of the Constitution stipulates: "The State shall protect and improve the living environment and the ecological environment, and prevent and control pollution and other public hazards. ”
Marine litter pollution has become a hot research issue in recent years, and this law puts forward guiding significance for the problem of marine environmental pollution caused by improper marine fishing.
Article 340 of Chapter VI of the Criminal Law of the People's Republic of China on the crime of illegal fishing of aquatic products: "Violating the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, fishing ban periods or using prohibited tools and methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine."
The offence specifies the penalties applicable to illegal fishing. Relying on the background of the state's management and protection system for aquatic resources, the law regulates the behavior of fishing in prohibited areas, fishing ban periods, or the use of prohibited tools and methods to catch aquatic products, and the circumstances are serious.
The Environmental Protection Law of the People's Republic of China is the basic law of China's environmental protection and one of the basic norms for environmental protection in China.
Article 34 of Chapter III: "The State Council and the people's governments at all levels in coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants into the ocean, the dumping of wastes, and the construction of coastal and marine engineering shall comply with the provisions of laws, regulations, and relevant standards, and prevent and reduce pollution and damage to the marine environment. ”
Damage to the marine environment caused by the exploitation of marine resources should be avoided, and the government should increase its efforts to effectively manage the discharge of marine garbage and the construction of marine projects. Minimize pollution to the marine environment. Although the Environmental Protection Law does not specifically stipulate marine fishing, it is enough to see the protection of the marine environment.
Problems in China's marine fishing legal system
The Fisheries Law of the People's Republic of China gives the fishery administrative departments various specific fishery management powers, including approval, licensing, inspection and other links, so that fishery law enforcement has gradually moved from the past to the track of governing according to law.
However, in specific operations, there are still problems in law enforcement, such as lack of compliance, unclear responsibilities, and low law enforcement. China's fishery laws and regulations emphasize substance and ignore procedures.
In the actual process of law enforcement, there are problems of strong principle and weak operability, and the local regulations of various provinces and cities are complicated and unclearly defined, which makes fishery administration and law enforcement lack a good legal basis. In addition, because the law is too rigid, it is not uncommon for the degree of punishment to vary from person to person, and it is often difficult to enforce the law fairly.
Since China does not have specific laws and regulations on marine fishing, the incomplete formulation of laws and regulations leads to excessive discretion of law enforcement officers in the process of law enforcement, so there may be large differences in the amount of fines, and there may be unfair punishments.
On the other hand, the lack of legal responsibility cannot ensure the law enforcement of government departments, so that some punishment behaviors cannot play a corresponding warning role, and the strength of legal protection is weak.
China's marine fishing legal system has been improved
At present, China has no specific legal regulation for marine fishing, and there is no legal basis for specific law enforcement links, which makes the law enforcement results unsatisfactory.
The lack of legislation not only shows the weakness of China's marine fishery legislation, but also shows that the legislative body does not pay attention to the sustainable fishing and development of marine resources, and the protection system of mainland marine resources is not perfect in the long run, which will inevitably have an adverse impact on the development of China's marine fisheries.
Second, the implementation of special legislation is in line with the current situation of marine fishing in China, and is conducive to the cohesion and consistency of peripheral legislation on marine fishing behavior.
At the same time, according to the characteristics of marine fishing behavior, such as the regulation of fishing vessels, fishing gear, fishing laws and fishing behaviors, special chapters are set up to stipulate, and the focus of legislation is the sustainable development of fishery resources, so as to improve China's marine fishing legal system, which is also in line with the current situation of China's marine fishing and the general background of the construction of marine fishery legal system.
In the process of realizing the sustainable development of marine resources on the mainland, it is very important to clarify the subject of legal responsibility and standardize the legal liability system.
If the actions of fishermen, relevant enterprises and administrative law enforcement personnel cause substantial damage to marine resources and violate relevant national laws and regulations, they shall bear corresponding legal responsibilities in order to achieve the purpose of punishment or warning. The establishment of a punishment system for relevant entities is the only way to guide marine developers and managers to promote the sustainable development of marine fisheries.
Fishermen and related fishery products enterprises should strictly abide by relevant laws while using marine fishery resources to reap benefits, and should not cause damage to the marine environment in order to maximize economic benefits.
Administrative law enforcement personnel should also regulate their own behavior, reasonably enforce the law according to the law, and avoid causing abuse of power and other behaviors. With the development of society, the relevant legal system should also be flexibly adjusted in a timely manner.
For example, in the case of fishermen harvesting abundantly and their businesses growing, the low amount of fines can no longer have a punitive effect on them, and the proportion of fines must be increased or more severe measures such as revocation of business licenses or administrative compulsory detention must be adopted.
Finally, in the Law of the People's Republic of China on the Protection of the Marine Environment, the corresponding legal responsibilities for the destruction of marine fishery resources should be further clarified, and the acts of destroying marine fishery resources should be prevented and cracked down.
Good order in marine fishing is achieved through strict law enforcement, and the enforcement of the law is based on a sound administrative system.
In view of the current situation of China's marine fishing laws and regulations and the decentralization of regulatory authorities, it is necessary to establish a good administrative management system for the regulation of illegal marine fishing in China, clarify the scope and authority of relevant departments, and quickly and accurately implement law enforcement tasks.
At present, the administrative management of marine fishing in China is carried out by the fishery administrative departments, the environmental protection administrative departments, the maritime administrative departments and other relevant departments.
Due to the special nature of marine fishing behavior, there are many matters that need to be managed, and marine fishing tools, behaviors, and pollution activities caused by marine fishing are managed through different management departments.
While straightening out the management system of fishery law enforcement and clarifying the regulatory responsibilities of various departments, attention should also be paid to the establishment and improvement of law enforcement agencies and teams, so as to ensure that the law enforcement system for marine fishing can be implemented and enforced.
epilogue
As an important part of China's natural resources, marine resources have not only promoted economic development while meeting people's dietary needs, but also provided more fishing jobs. If marine resources are to be sustained in the long term, their contribution to improving people's living standards, economic development and social welfare must be regulated.
While actively promoting the establishment of a legal system for fisheries, the Chinese government has come up with practical and feasible methods to effectively regulate marine fishing and maintain the sustainable development of fisheries.
Of course, the regulation of marine fishing is a complex and systematic project, which is constrained by environmental factors, technical conditions, scientific and technological level, laws and policies, but laws play a vital role in the regulation of marine fishing.
The establishment of a well-established legal system for marine fishing is a necessary prerequisite for maintaining the sustainable use of fishery resources.