China’s distant water fisheries and its response to flag state responsibilities Guifang (Julia) Xue* Marine Policy 30 (2006) 651–658 Advisee ： Yu-Heng Lu B EBFS,NTOU Sep.28,2009

Introduction LOSC Compliance Agreement Fish Stocks Agreement

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.

Distant water fisheries Aquaculture DEMAND Reduce China’s excessive fishing pressure Q Decline of the fisheries resources Deterioration of marine ecosystem Industry requires strategic restructuring

1993~1995 Participated in the negotiation process that led to the conclusion of the Compliance Agreement. Attended all 6 conferences of the Fish Stocks Agreement Signed the Fish Stocks Agreement. Has concerns about its national and fishing vessels being attacked by undue forces or the abuse of rights. Now Has not ratified the Fish Stocks Agreement. As a distant water fishing nation (DWFN), China is under international political and diplomatic pressure to control its high seas fishing vessels.

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

Distant water fisheries Inadequate equipment and limited technique No free fishing grounds available Various terms and conditions Has no option but to respond to the challenges

Inadequate equipment and limited technique Lack Sea-going capability Lack the technology for the construction of modern long liners and freezing capacity suitable No free fishing grounds available Two ‘‘90%s’’ High access fee and low productivity Various terms and conditions Fishing quotas Vessel / gear control Observer programs Catch reports Has no option but to respond to the challenges Being constrained by technical limitations and jurisdictional shifts over fisheries resources

Control over distant water fishing vessels

Circular on Enhancement of Offshore Fishing Vessels

Major laws and regulations to this effect included:

Vessel Registration of Regulations  The required documents for vessel registration Vessel inspection certificate Fishing permit Authorisation by MOA  Register the name of the vessel  Register the nationality of the crew The Compliance Agreement, Article III

Vessel Inspection Regulations

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 The Fish Stocks Agreement, Article 18 (3). The Compliance Agreement,Article III (5. a) The Fish Stocks Agreement, Article 18 (3. g)

Conclusion