Study On Legal Issues Of IUU Fishing Governance In The South China Sea

The existence of IUU fishing in the South China Sea not only directly damages the legitimate rights and interests of fishermen in the South China Sea,but also leads to the continuous decline of fishery resources and frequent fishery disputes in the South China Sea.In order to adapt to the changing role of China in the governance of regional and global affairs under the new situation,improving the governance of the South China Sea,especially the governance of IUU fishing in the South China Sea,has become a key issue that China needs to pay attention to.To effectively control IUU fishing in the South China Sea,we must first have a clear understanding of its specific concept.At the same time,we should fully recognize the importance of the United Nations Convention on the Law of the Sea and the Port State Measures Agreement to China’s governance of IUU fishing in the South China Sea,the former will provide the most fundamental international legal basis for China’s governance,and the latter’s "Port State Measures" and "Information Exchange and Sharing Mechanism" will provide reference for the design of China’s specific governance measures.In addition,as the two subjects with the richest experience in IUU fishing governance in the world,Europe and the United States have adopted a variety of measures to control IUU fishing,and established a relatively comprehensive and systematic governance framework,which provides certain experience for the governance of IUU fishing in the South China Sea.On the whole,the regionalized governance of cooperation around IUU fishing in the South China Sea has problems such as weak implementation of international conventions,lack of regional fishery governance systems,and imperfect regional organizational mechanisms.Therefore,in order to effectively control IUU fishing in the South China Sea,on the one hand,it is necessary to take the idea of "community with a shared future for the ocean" as the guide,take into account the overall characteristics of the fishery in the South China Sea,and systematically plan and gradually build a regional cooperation mechanism for integrated IUU fishing governance in the South China Sea from the aspects of improving regional agreements,establishing effective fishery organizations,docking with international governance systems,resolving disputes through consultation,gradually promoting law enforcement cooperation,and strengthening fishery exchanges.On the other hand,it is also necessary to clearly understand the shortcomings of China’s existing governance measures,and combine China’s specific national conditions to build a system with Chinese characteristics for IUU fishing governance in the South China Sea.First of all,it needs to be made clear that China has established territorial sovereignty and maritime rights and interests in the South China Sea,and China implements conservation and governance of fishery resources in the South China Sea in accordance with the law.Therefore,under the guidance of the national macro plan,the governance system of IUU fishing in the South China Sea should be carried out from the three levels of domestic system regulation design,fishing vessel supervision and protection of the rights and interests of fishermen in the South China Sea.At the first level,it is necessary to promote the legalization of international fisheries treaty provisions,formulate national action plans and improve relevant domestic legislation.At the second level,the supervision of fishing vessels can be strengthened through measures such as establishing and improving the information reporting system and establishing a list of IUU fishing vessels in the South China Sea.At the third level,we can explore the establishment of a fishing license application,withdrawal and circulation system centered on fishing licenses on the basis of the normalized fishing protection mechanism,and while encouraging fishermen in the South China Sea to carry out operations,it is necessary to carefully handle the confiscation of fishing vessels and administrative punishment of citizens.