China's Fishery Law Reform Aims To Achieve Greater Sustainability

 China's comprehensive overhaul of its fisheries law, unveiled in December 2024, marks a significant step toward greater sustainability and conservation in the country's fishing industry. The proposed amendments, the most extensive since 2000, aim to address decades of overfishing, illegal practices, and environmental degradation while balancing the livelihoods of nearly 16 million people who depend on fisheries for their income. Here are the key aspects of the reform:

1. Traceability Management

• Objective: To curb illegal fishing and overfishing by tracking fish from catch to sale.
• Proposal: Encourages fishing vessels to berth and unload at designated ports and implement traceability systems.
• Challenges: The term "encourages" instead of "mandates" raises concerns about enforcement. With nearly 500,000 fishing vessels in China, ensuring compliance will be difficult and require significant port capacity and enforcement resources.
• International Alignment: The draft also proposes granting ports authority to inspect foreign vessels suspected of illegal, unreported, and unregulated (IUU) fishing, aligning with the Port State Measures Agreement (PSMA) under the UN's Food and Agriculture Organization.

2. Tackling Unregistered Boats

• Problem: A large number of "three noes" vessels (no official name, number, certification, or homeport registration) engage in illegal activities, such as fishing during moratoriums.
• Proposal: Bans unregistered boats from fishing and prohibits supplying them with fuel, water, or ice without verifying registration.
• Impact: Strengthens enforcement by addressing a long-standing issue that previous regulations failed to resolve effectively.

3. Curbing Unsustainable Practices

• Background: Decades of overfishing have depleted coastal fish stocks, prompting measures like fleet reductions and bans on harmful fishing gear.
• Proposal: Shifts from a blacklist of prohibited gear to a directory of permitted gear, listing authorized types, standards, and functions. Producing, selling, or using unlisted gear would be banned.
• Expert Opinion: Environmental advocates welcome the permitted-list approach as more comprehensive and effective for managing fishing gear and enforcing rules.

4. Balancing Resource Protection and Fishers' Livelihoods

• Challenge: Crackdowns on illegal practices may harm subsistence fishers with limited alternative employment options.
• Proposal: Encourages provinces to establish recreational fishing management measures, potentially creating new income opportunities for fishers.
• Expert Suggestion: Legislation should provide support for fishers transitioning to alternative livelihoods, such as eco-tourism or recreational fishing, while ensuring clear legal frameworks for these activities.