Overhauling China's Extensive Fisheries Legal framework
China is taking significant steps to address the long-standing issue of unregistered fishing boats and promote sustainability in its fisheries industry. The proposed amendments to the fisheries law, the most extensive since 2000, aim to modernize and streamline regulations, and shift towards a directory of permitted fishing gear.
The revised fisheries law, currently under review by the NPC's standing committee, includes 32 new articles and a whole chapter on the supervision and management of fisheries. It was open for public consultation until 23 January.
One of the key changes is the shift towards a directory of permitted fishing gear, containing authorized types, standards, and functions. Producing, selling, and using anything else would be banned. This move is expected to help curb illegal, unreported, and unregulated (IUU) fishing activities.
Moreover, the draft law proposes giving ports the authority to inspect foreign vessels and deny entry to those suspected of involvement in IUU fishing. This measure is aimed at strengthening China's commitment to global efforts against IUU fishing.
Decades of overfishing have pushed many of China's coastal fish stocks to the brink of collapse. To address this, the revised law includes updates to the law on aquaculture, pushing for energy-saving, environmentally friendly forms of the industry and encouraging "ecological value-added" fish farming.
Wang, of the Qingdao Marine Conservation Society, wants more detailed guidelines and efforts to nudge consumer behavior towards purchasing aquatic products fed with greener feed. He also suggests a ban on using wild-caught juvenile shrimp, crab, and molluscs as food for farmed animals to reduce pressure on marine ecosystems.
Tong Yuhe, a lecturer at Hainan Tropical Ocean University, suggests the legislation should address the lack of clarity over the legality of recreational fishing. A proposed article in the draft would ban unregistered boats from fishing and ban the supplying of them with fuel, water, and ice without first checking their registration.
Some experts advocate for a national standard that defines recreational fishing boats and gear to encourage development and prevent commercial fishing masquerading as recreational.
The fisheries law in China was first enacted in 1986. The proposed amendments mark a major overhaul, reflecting China's commitment to sustainable fishing practices and conservation. China encourages fishing vessels to berth and unload their catch at designated ports and implement traceability management of catch.
The draft law also proposes setting out support for fishers to find alternative employment, recognizing the importance of protecting not just the industry, but also the people who depend on it. Zhang notes that the fisheries law regulates the industry, sustainable use, and protection of natural resources, but it is also vital that it protects fishers.
It took more than a decade of work from experts and legislators for the revised draft to reach the state legislative body, the National People's Congress (NPC). The Ministry of Agriculture and Rural Affairs of China was involved in the revision of China's fisheries law and developed detailed proposals for changes, including the introduction of a list of authorized fishing equipment, as part of efforts to modernize and streamline fisheries regulations.
Wang hopes that the revised law can feature more stringent rules on drug use and wastewater discharge to limit impacts on aquatic environments and their biodiversity. The proposed amendments represent a significant step forward in China's efforts to ensure a sustainable and responsible fisheries industry.
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