Cooperative Management of the

1
Cooperative Management of the Fisheries Resources
of the China Seas
Dr. Guifang (Julia) Xue Law of the Sea
Institute Ocean University of China
(Qingdao) Email juliaxue_at_ouc.edu.cn
2
Presentation Outlines

• OUC at a Glance and Qingdao Attractions
• LOSC Frameworks Cooperation Obligation
• Shared Resources and Complex Fisheries
  Relations Cooperation Demand
• Fisheries Agreements with Japan and Korea
  Cooperative Framework
• Sino-Vietnamese Fisheries Agreement Improved
  Cooperation

3
Ocean University of China(OUC) and Qingdao
4
OUC at a Glance

• Established in 1924
• Builds up its strength on marine sciences
• Stands for the advancement of Chinas marine
  scientific research
• Secretariat for Association of the World
  Marine-related Universities

5
OUC at a Glance

• National key university Approved by 211
  Project and 985 Grant 80 governmental
  funding for marine sciences
• 90 PhD on marine-related subjects graduated from
  OUC
• A widely spread alumina network

6

• Center to Chinas marine research institutions,
  coastal mgt community activities
• Ocean Forum Annual Ocean Festivals
• Ocean City

7
Qingdao Attractions

• Pleasant weather, beautiful sceneries relaxing
  life style -- the most popular tourist spot
• Host of 2008 Olympic Sailing Games
• Tsingtao Beer International Beer Festival

8
(No Transcript)
9
(No Transcript)
10
(No Transcript)
11
.the problems of ocean space are closely
interrelated and need to be considered as a
whole --Para. 4, Preamble of the LOSC
12
A Constitution for the Ocean
Intl Law is irrevocably transformed
13
What does the LOSC do?

• With 17 parts, 9 annexes, and 320 Arts, it sets
  forth the basic legal framework that regulates
  all marine sector activities, including
• the limits of national jurisdiction over ocean
  space
• the access to the seas and rules for navigation
• utilisation of the resources (living and
  non-living)
• the protection and preservation of marine
  environment
• marine scientific research
• the settlement of disputes and
• relations among States concerning marine sector
  activities

14
(No Transcript)
15
(No Transcript)
16
Chinas Marine Features
17
Chinas Marine Features

• 1.3 billion population in a 9.6 million sq km
  land territory
• 18,000 km coastline, 14,000 km island coastline
• 14 coastal land support 44.7 population, and
  generate 60 of national GDP.

18
Chinas Marine Industries
Source China Marine Statistics, SOA, 2005
19

• The China Seas and the China Seas States

20
Shared Resources and Complex RelationsNatural
Setting

• Abundant Resources and Migratory Nature of Fish
  Stocks
• Dependency of States and Depleting Resources
• Fragile Ecosystem and Deteriorating Environment

21
Maritime Position of China, Japan and Korea
22
Shared Resources and Complex RelationsSocial and
Political Setting

• Key players influence each others economy
• Different social systems significant political
  and ideological differences
• Islands disputes/overlapping claims pending
  boundary delimitation
• Resources competition fisheries conflicts

23
LOSC Obligation on Cooperation Enclosed and
Semi-enclosed Seas
States shall endeavour, directly or through an
appropriate regional organization to co-ordinate
the management, conservation, exploration and
exploitation of the living resources of the sea.
---Art.123 (a)
24
LOSC Obligation on Cooperation Migratory stocks
Regarding the same stock or associated species
occur within the EEZ of two or more coastal
states, these states shall seek to agree upon
the measures necessary to co-ordinate and ensure
the conservation and development of such stocks.
---Art. 63.1

25
Sino-Japanese Agreement--Features

• Signed on 11 November 1997
• Entered into force on 1 June 2000
• provisional agreement pending boundary
  delimitation
• Reciprocal access to each others EEZ
• Fisheries Joint Committee (FJC)
• Various agreed zones where different regimes apply

26
Sino-Japanese Agreement Agreed Zones

• An alternative approach to remedy the
  disagreement between the parties on their EEZ
  boundaries
• De facto EEZs
• Provisional Measures Zone (PMZ)
• High Seas Fishing Zone (Diaoyu/Senkaku Island)
• Unresolved Zone (overlapping claims)
• Squid Fishing Zone

27
Agreed Zones of the Two Fisheries Agreements
28
Sino-Japanese AgreementPMZ

• The most important cooperative regime
• Joint fishing/management zone
• Quotas determined annually by FJC
• Quantity control approach (modified TAC)
• Flag state control
• Indirect cooperation in enforcement

29
Sino-Japanese Agreement--FJC

• The FJC consists of two representatives appointed
  by each party, and it works by consensus
• Responsibilities of the FJC
• to consult on EEZ fishing conditions and quotas
• to decide fisheries issues within joint fishing
  zone
• to recommend amendment to the agreement and
• to review the implementation of the agreement.

30
Sino-Korean Agreement--Features

• Signed on 11 November 1998/2000
• Entered into force on 30 June 2001
• The first between China and South Korea
• Sharing the fundamental aspects of the
  Sino-Japanese Agreement in scope, agreed zones,
  and management measures
• Agreed zones De facto EEZ, PMZ, high seas
  fishing zone, and Transitional Zones (TZs)

31
(No Transcript)
32
Sino-Korean Agreement-- (TZs)

• Converted to EEZ in four years
• Flag state control
• Improved enforcement joint patrol including
  boarding and inspection of fishing vessels

33
Significance of the Agreements

• Commitment to the LOSC obligations
• Effective tools to reduce fisheries conflicts
• Resolution to the overlapping maritime zones
• Remarkable steps towards the cooperation on the
  shared resource

34
Constraints of the Agreements

• Lack of Holistic View
• Third State Issue
• Law and Order at Sea
• Dispute Settlement
• Transparency and Feedback

35
(No Transcript)
36
Improved Cooperation Sino-Vietnamese Agreement
37
Competing Claims in the SCS
38
(No Transcript)
39
Fisheries Relations between China and Vietnam

• Joint Exploitation of the Shared Resources
• Deteriorated Relations and Unilateral Management
  Efforts
• Progress towards New Fisheries Cooperation

40
Two Sino-Vietnamese Agreements

• Signed On 25 Dec. 2000 in Beijing
• Agreement between the Government of PRC and the
  Government of the Socialist Republic of Vietnam
  on the Demarcation of the Territorial Seas,
  Exclusive Economic Zones, and Continental Shelves
  of the Gulf of Tonkin (Sino-Vietnamese Boundary
  Agreement)
• Agreement between the Government of PRC and the
  Government of the Socialist Republic of Vietnam
  on Fisheries Cooperation for the Gulf of Tonkin
  (Sino-Vietnamese Fisheries Agreement)

41
Framework for Fisheries Cooperation

• Joint Fisheries Committee
• Joint Fishing Zone
• Transitional Arrangement Zone
• Buffer Zone for Small Fishing Vessels

42
Agreed Zones
33487.3 sq km PRC46. 28 SRV 53. 72
43
Agreements with Vietnam for the Boundaries
Delimitation and Fisheries Cooperation for the
Gulf of Tonkin
44
Transitional Arrangement Zone
Bilateral Agreement with Vietnam for the Gulf of
Tonkin
45
Evaluation of the Sino-Vietnamese Fisheries
Agreement

• The first one of its kind in the SCS
• It sets up a model for fisheries cooperation
• Fisheries factors Vs boundary delimitation
• Efforts on implementation is vital

46
Conclusion

• The three agreements are significant in resolving
  fisheries issues
• Bilateral agreements are not the ultimate
  solution to the conservation and management of
  the shared resource
• A concerted response and cooperation throughout
  the China Seas region is required

47
Thank you!
48
Why this and not that?
When did it...
When did it...
Yes please!
Yes please!
What about...
What about..
What was...
Questions...
49
Contact Details

• Dr. Guifang (Julia) Xue
• Director/Professor
• Institute for the Law of the Sea
• Ocean University of China
• 5 Yushan Road, Qingdao
• 266003, PR China
• Tel[phone]
• Fax[phone]
• Emailjuliaxue_at_ouc.edu.cn