1. Ocean University of China
YSLME 2nd Regional Science Conference, Xiamen, China
Actions to Improve the Effectiveness of Fisheries Law under the YSLME Context
Ming YU
Law School of Ocean University of China
Feb , 2010
Ocean University of China

2. Outline 1 2 3 Click to add title in here
The importance of improving the effectiveness of fisheries law 1
The international law concerning fisheries issues in the Yellow Sea 2
The possible actions to improve the effectiveness of fisheries law 3
Click to add title in here
Law School of OUC

3. 1.The Importance of Improving the Effectiveness of Fisheries Law
The Conclusion of TDA
Issue/Concern
Root Causes
Possible Interventions
Decline in landings of many traditional commercially-important species and increased landing of low value species
Lack of comprehensive and effective system of fisheries stock management and lack of compliance assurance procedures
Improve legislation and associated regulations, especially the comprehensiveness and coherence of legislation.
Improve the level of compliance with laws and regulations.
Unsustainable maricultural practices.
Coastal development undertaken with limited comprehensive and coherent legislation that provides adequate environmental protection
Law School of OUC

4. Therefore, it is a critical way to facilitate the development
2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
Regional
project
International
Law
Domestic
Law
Therefore, it is a critical way to facilitate the development
of domestic law by helping member states to effectively implement international laws.
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5. 2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
The primary legal institutions related to the fisheries issue in the YSLME include：
the UNCLOS
the FAO Code of Conduct for Responsible Fisheries
the Bilateral Fisheries Agreement between ROK and China.
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6. 2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
UNCLOS
It is the convention that fundamentally changes the regime of fishery. It affects fisheries by introducing the concept of EEZ.
EEZ
Territorial
Sea
High Sea
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7. The FAO Code of Conduct for Responsible Fisheries
2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
The FAO Code of Conduct for Responsible Fisheries
Nature: Non-legal binding
Scope: Comprehensive and broad
covers the entire process of capture, processing and trade of fish and fish products, fishing operations, aquaculture, research and the integration of fisheries into coastal area management.
useful for both FAO member and non-member states
applicable to water with different legal status
designed for industrial fisheries
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8. Improving Information For Responsible Fisheries
2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
A series of instruments
Strategy on
Improving Information
on Status and Trends
IPOA-Capacity
IPOA-Seabirds
Code of Conduct
For Responsible Fisheries
IPOA-Sharks
IPOA-IUU
Technical Guidelines
and
Supplements
Compliance
Agreement
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9. The ROK and China’s Bilateral Fisheries Agreement
2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
The ROK and China’s Bilateral Fisheries Agreement
EEZ
Provisional
Area
Aquire fishing permit
Obey other country’s
law
Enforce relevant
measures
Territorial
Sea
Joint Fisheries
Committee
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10. The relationship of the legal instruments
2. The International Law Concerning Fisheries Issues in the Yellow Sea Region
The relationship of the legal instruments
UNCLOS
Guideline
Basis of the other two
UNCLOS
FAO Code of Conduct
FAO Code of Conduct
Soft in nature
not designed for small-scale fishery
Fisheries Agreement
Fisheries Agreement
most important and direct
scope limited
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11. Encouraging the better implementation of UNCLOS in both countries
3. The Possible Actions to Improve the Effectiveness of Fisheries Law in the Yellow Sea
Encouraging the better implementation of UNCLOS in both countries
China’s current implementation of UNCLOS
Enacted Law on Exclusive Economic Zone and Continental Shelf
Amended the Fisheries Law
Action: setting up some guidelines with more detailed requirements and procedures
Article61 asks coastal states to contribute and exchange available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone.
The fishery sub-commission may issue a regional guideline to instruct States on the measures and procedures used for data collection and exchange.
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12. 3. The Possible Actions to Improve the Effectiveness of Fisheries Law in the Yellow Sea
Developing regional guidelines to address small-scale fisheries, taking the referrence of FAO Code of Conduct.
combine the Code with our own situation
disseminate and raise awareness of the code
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13. 3. The Possible Actions to Improve the Effectiveness of Fisheries Law in the Yellow Sea
Strengthen the cooperation with the Joint Fishery Committee for ROK and China’s Bilateral Fisheries Agreement
China’s implementation of Fisheries Agreement : Management Rules on the Provisional Zone and Transitional Zone Listed by the Sino-Korean Fisheries Agreement
Action:
Enhance education on relevant laws and regulations
Exchange information with Joint Fisheries Committee
Law School of OUC

14. 3. The Possible Actions to Improve the Effectiveness of Fisheries Law in the Yellow Sea
The cooperation and coordination between the government departments taking charge of fisheries issues and other oceanic issues
involve the ministry taking charge of fisheries issues into the developing process of regional guidelines
influence local legislation first and extending the experience of local legislation to national policy and legislation
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15. Oceanic and Fisheries Bureau
3. The Possible Actions to Improve the Effectiveness of Fisheries Law in the Yellow Sea
NPC
MOA
SOA
Oceanic and Fisheries Bureau
of Provincial Level
Local People’s
Congress
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16. Ocean University of China
Thank You!
Feb , 2010
Ocean University of China