Weekend Long Read: Unpacking China’s Fisheries Law Overhaul

The new draft of China's fisheries law, revealed in December 2024, signifies the largest reform since 2000, affecting nearly 16 million people reliant on fisheries for their livelihood [para. 1]. Zhang Yanxuedan of Shanghai Ocean University emphasizes its expansive scale, with 48 amendments and 32 new articles primarily focused on sustainability and conservation [para. 4]. Environmentalists appreciate this focus, although there's concern about the potential impact on fishers' livelihoods [para. 5].

The proposed reforms highlight traceability from net to plate, encouraging fishing vessels to be managed at designated ports to help curb illegal fishing [para. 7]. However, there is criticism, as the language is less stringent than a 2019 draft that set specific labeling requirements [para. 8]. Zhang notes the goal of enhancing traceability, despite challenges posed by China's vast number of fishing vessels [para. 9].

The draft furthers China's commitment to the Port State Measures Agreement (PSMA) to combat illegal, unreported, and unregulated (IUU) fishing, allowing ports to inspect foreign vessels and deny those involved in such practices [para. 10][para. 12]. This aligns with China's long-standing goal of joining the PSMA [para. 12].

Among the significant problems addressed are unregistered boats, often involved in illegal activities like fishing during moratoriums [para. 13]. The lack of strong legal measures has made elimination difficult, but the new draft proposes banning unregistered boats from fishing and stopping their supply of essential items [para. 15]. This strengthens previous crackdowns based on non-legally backed regulations [para. 14][para. 15].

The revision addresses overfishing with a directory of permitted gears, banning non-listed equipment [para. 20]. Past categorization efforts struggled due to unimplemented directories, so shifting to a permitted list is seen as a comprehensive approach [para. 22]. In 2014, gear that damages seabeds was banned to aid fish population recovery [para. 20]. Greenpeace East Asia's Huang views the permitted-list approach as effective [para. 22].

Reduction of fleet sizes and cleaning up the fishing industry is essential, but could impact fishers reliant on subsistence fishing [para. 26]. Tong Yuhe of Hainan Tropical Ocean University suggests alternative employment opportunities should accompany enforcement to aid fishers [para. 27]. Recreational fishing might be an option, but current drafts do not clearly support it [para. 29].

The draft also updates aquaculture laws, pushing for greener, value-added practices [para. 32]. Wang Songlin of the Qingdao Marine Conservation Society supports this shift towards sustainability, suggesting further guidelines to promote consumer interest in green aquaculture products [para. 33]. Conservation efforts to switch from wild-caught juvenile seafood as feed to plant-based alternatives are advised to protect marine populations [para. 36].

The journey to these amendments took over a decade, involving numerous stakeholders and government coordination [para. 41]. Legal measures aim to balance industry regulation, environmental sustainability, and protection for fishers [para. 43]. The legislative process involves thorough reviews, considered feedback, and efforts to find harmony among diverse demands [para. 44].

The revision of this fisheries law required extensive stakeholder engagement and feedback to ensure it meets various regulatory, economic, and environmental needs, emphasizing its complexity and the substantial legislative journey it underwent to reach current form [para. 46].