Research On The Legal System Of China’s Fishing Quota

Article 22 of the Fisheries Law(revised in 2013)stipulates that China implements a fishing quota system.In fact,as early as 2000,China’s "Fishery Law" stipulated the fishing quota system.However,for many years,China’s fishing quota system has been in the exploration stage and has not been fully implemented.There are no detailed implementation rules for the fishing quota system,and the quota allocation regulations are not perfect.It wasn’t until 2017 that China set up the first batch of pilot fishing quotas.The pilots were Taizhou City in Zhejiang Province and Dongying City in Shandong Province.In 2018,the scope of the pilot fishing quota was expanded to five provinces and cities.At the same time,with the development of China’s fishery economy,China’s fisheries fishing volume has gradually increased,the problem of overfishing in fisheries is intensifying,and fishery resources are over-consumed,these problems have not yet been well resolved.In2018,the implementation of the ten-year fishing ban in the Yangtze River Basin once again sounded the alarm for the sustainable use of fishery resources.A series of severe problems,such as overfishing,resource consumption,and the endangerment of some fish species,have put forward legal requirements for the system,and urgently need to promulgate relevant legal regulations and detailed implementation rules.With the advancement of the fishing quota pilot,China has accumulated a lot of experience in controlling the total amount of fishing in the fisheries.But after the total fishing volume is controlled,how can fishery quotas be allocated to achieve the total fishing volume target and effectively control overfishing? Therefore,under the promotion of the fishing quota system,after controlling the total amount of fishing,how to allocate quotas,how to trade,and how to supervise has become a legal issue that needs to be explored urgently.In these respects,China’s legal provisions are not perfect.The "Draft for Consultation on Fisheries Law" issued by the Ministry of Agriculture in 2019 also does not have relevant provisions for increasing fishing quotas.Therefore,this article mainly studies: after controlling the total fishing volume,how to allocate quotas,how to trade,how to supervise,and truly implement the total fishing capacity of the fishery.That is,on the basis of the fishing quota system,further study the allocation system,trading system,and supervision system of fishing quotas,provide legislative suggestions for the fishery law to be revised,and provide institutional guarantee for the conservation of fishery resources to promote the sustainable use of fishery resources And the sustainable development of the fishery economy.