The responsibility and power of fishing management belong to fishermen? As a fisheries management organization. Its main participants are small-scale fishing villages. By 2003, the Korean government designated 1 12 fishing village as a cooperative fishery management group.

1.3 comprehensive fishery laws and regulations system

In the long-term development of fishery, Norway has realized the importance of managing fishery according to law, and established a fishery legal system systematically by formulating laws and regulations on marine fishery resources protection, marine fishery fishing, aquaculture and quality control and sales of aquatic products. In the early years, fishery laws and regulations included Cod Sales Law, Fresh Fish Law, Trawling Law, Quality Management Law of Fish and Fish Products, and Relevant Provisions on Prevention and Treatment of Freshwater Fish Diseases. Since the 1970s, a series of fishery laws and regulations have been promulgated, mainly including the Regulations on Processors, the Law on Fishing Participation, the Regulations on the Structure, Equipment, Establishment and Expansion of Fish Incubation and Breeding Sites, the Law on the Exclusive Economic Zone, the Regulations on Fishing in the Norwegian Exclusive Economic Zone, the Regulations on Pollution Prevention and Waste Disposal, the Law on Marine Fisheries, and the Regulations on Ports and Waterways.

Canada's fishery laws and regulations mainly include: Fisheries Law, Canadian Environmental Assessment Law, Canadian Environmental Protection Law and Arctic Water Pollution Protection Law. The main contents are: fishery ecological environment protection; Restoration of fishery ecological environment; Development of fishery ecological environment. In addition, there are laws and regulations on aquaculture, marine fishing, aquatic product processing and feed production. Japan's fishery laws and regulations are relatively perfect. As early as 1875, the declaration of maritime officials was published. After the completion of 190 1, the first fishery law was continuously revised and enriched, and then successively formulated (Law on the Protection of Aquatic Resources (195 1), Law on Revitalizing Coastal Fisheries (1963) and Law on Promoting the Development of Marine Aquatic Resources). Formed a complete legal system. South Korea's fisheries law has formulated various provisions on fisheries, which is the basic law of fisheries and was enacted in 1990. Fishery law mainly involves fishing license, fishing transportation, aquatic product processing, total allowable catch, fishery resources protection and fishery compensation. In addition to the fisheries law, other relevant laws related to fisheries include: inland waters fisheries law, resource protection law, aquatic product quality law and its implementing decrees.

1.4 formulation and effective implementation of advanced management system

There are two basic points in Norwegian fishery management: first, input control, that is, fishing control. Norwegian law stipulates that only those who own fishing boats can engage in fishing operations, and those who do not have fishing boats are not allowed to fish. In order to adapt the fishing capacity to the resource situation, the Norwegian government decided not to build large fishing boats from the 1970s, and the existing fishing boats should be reduced by 15%. This system is strictly implemented, and at the same time, due to the subsidy policy, the number of fishing boats is also decreasing year by year. Secondly, yield control, namely quota fishing under total allowable catch system, is an important system in Norwegian fishery management system. Some important fish species, such as cod, salmon, herring, mackerel and shrimp, are managed through a quota system. However, because TAC system is easy to cause competitive fishing problems, Norway has gradually introduced individual quota (IQ) and transferable quota (ITQ) systems in fishery management. South Korea implemented the total allowable catch policy from 65438 to 0999. As a preliminary demonstration project, the total allowable catch of four kinds of fish was implemented, and by 2003, the total allowable catch of nine kinds of fish was implemented. These species include mackerel, bamboo pod fish, sardines, red snow crabs, purple Washington clams, feathered shellfish, snow crabs and swimming crabs. At the same time, South Korea has implemented an observation system to strengthen catch management through designated markets for specific species.

2. The main problems in current fishery administration.

China's fishery achievements are obvious to all. However, judging from the actual situation of fishery law enforcement, there are still the following outstanding problems.

2. 1 The management system has shortcomings and the macro-control is not strong enough.

After years of practice, there are some drawbacks in the mode of unified national leadership and hierarchical management of local governments at or above the county level, such as excessive local power and limited unified national power. Due to the limitation of China's current regional administrative system, the substantive leadership and subordinate relationship between fishery agencies at all levels (such as financial allocation, equipment allocation, personnel recruitment, appointment and dismissal of cadres and disciplinary action, etc.). ) is not strong, leading to the weak role of unified national leadership. [2] In fishery administration, incidents of administrative intervention and leadership mediation occur from time to time. Some local leaders unilaterally pursue local output and output value for the sake of local interests, while ignoring social and ecological benefits and the overall situation of fishery development in China. Fishery law enforcement has become a service tool of local protectionism, which runs counter to the national policy of managing fishing according to law. China's fishery administration, fishing port supervision and fishing boat inspection are overlapping, which makes it difficult to form a joint force and weakens the intensity of law enforcement management. At the same time, all three organizations charge management fees from fishermen, which increases the burden on fishermen and affects the prestige of the government in managing fisheries according to law. Due to poor fishery supervision, some fishery law enforcement officers have low cultural quality and legal awareness, and the phenomenon of lax enforcement and non-compliance with laws occurs from time to time. At present, most grass-roots fishery administration and fishing port supervision institutions all over the country have not implemented the staffing, and there are many overstaffed personnel. Their law enforcement funds are not included in the local financial budget, but take various forms of funds to take care of themselves and implement self-collection and self-support. The long-term implementation of this policy, lacking the necessary financial supervision mechanism, will inevitably breed corruption. Therefore, the funds for fishery law enforcement at all levels in China should be included in the fiscal budget as soon as possible, and special funds should be allocated by governments at all levels to realize the "two lines of revenue and expenditure" of administrative units.

2.2 The fishery laws are not perfect, and the efforts to manage fishing according to law are not enough.

At present, China's fishery legislation is still at a low level of recognition, and the formulation of some laws and regulations lacks scientific or operability, which inevitably leads to the phenomenon that there are laws to follow or no laws to follow. Some legal provisions have been difficult to adapt to the current fishery situation, which has adversely affected strict law enforcement. Specific performance in the following aspects:

2.2. 1 The punishment system is not perfect.

China's fishery punishment regulations are too light and too wide, and the enforcement is not enough. For example, as stipulated in Articles 30 and 31 of the Fisheries Law, if fishing is carried out without a fishing license or in violation of the provisions of the fishing license, the catch and illegal income may be confiscated and a fine may be imposed; In severe cases, the fishing gear can be confiscated and the fishing license revoked [3]. However, in practice, fishing gear is rarely fined and confiscated, and the amount of penalty is generally the lower limit of the penalty range, or even the penalty level is lowered. To some extent, this kind of fine is a disguised charge for fishermen and has little psychological deterrent effect on offenders. In addition, due to the large punishment, it is prone to law enforcement deviation or abuse of power for personal gain.

2.2.2 Law enforcement lacks coercive means.

Fishery law enforcement is an administrative act, which lacks compulsory means. At the same time, due to the special marine environment, the management situation is quite complicated, and the relative people's civilization and legal consciousness are very different. Some people are rude and arrogant, and some even look bad.

Becoming a triad force and daring to violently resist the law is obviously difficult to control by administrative means alone [4]

.

2.2.3 Failure to crack down on serious illegal acts.

The phenomenon of "three noes" fishing boats and illegal shipbuilding has not been completely banned, and the crackdown on illegal activities such as electric fish, poisonous fish, fried fish, unlicensed fishing, violent resistance to the law, and gathering people to make trouble is not enough, which is also caused by the weak strength of fishery law enforcement itself.

2.3 Fisheries management methods are still insufficient.

At present, China's marine fishery law enforcement work is mainly implemented by fishery administration and fishing port supervision institutions at all levels.

Check the certificates, fishing gear fishing method, catches and personnel qualifications of various fishing grounds and fishing boats [5].

. This work mainly focuses on the on-site inspection of ships operating in this sea area, but less on the inspection of updated fishing boats, new fishing boats, the production and sale of nets, the purchase and sale of catches and trafficking. This law enforcement method is not effective in preventing illegal production activities. Moreover, in the vast sea area, it is easy to imagine that it is difficult and costly to enforce the law by only a few fishery law enforcement vessels to inspect thousands of fishing boats. Therefore, in order to maintain their own operation, some fishery stations have taken measures to increase fees and fine custody, which has affected the strength of law enforcement and the prestige of the government.

3. Improve China's fishery management system.

In view of the problems existing in China's fishery administration system, this paper puts forward some suggestions on perfecting China's fishery administration system.

3. 1 Improve the fishery management system in China.

China's marine management is multi-faceted and multi-headed law enforcement, and law enforcement agencies and law enforcement teams are repeatedly set up. [6]

On the one hand, it causes redundant construction and low level of law enforcement equipment, on the other hand, it also increases management costs and waste of resources. At the same time, the decentralized exercise of marine administrative law enforcement power also violates the purpose of standardization of administrative punishment. According to the maritime management modes of Norway, Canada and South Korea, a unified maritime law enforcement team is established to realize the unified management of maritime activities. At the same time, this team is also the basic force to safeguard the national maritime rights and interests in peacetime. In China's fishery administration system, we can imitate Norway and integrate and recombine the resources of marine fishery administration and marine administration to give full play to their respective advantages. Incorporating the fishery administration team into the establishment of civil servants is expected to solve the problems faced by local fishery administration law enforcement agencies, such as irregular self-construction, insecure law enforcement funds and unfulfilled staffing. In addition, the early implementation of two lines of revenue and expenditure or fines in El can also ensure the integrity and efficiency of law enforcement.

3.2 Development of fishermen's autonomous organizations

The state fishery administrative department grants certain management authority to fishermen's organizations to assist government departments to participate in fishery management. It is necessary to authorize some aspects of our government, which is not only conducive to improving the quality of fishery management, but also conducive to saving government management resources. At present, there are many fishermen and huge fishing boats in China, and the fishery management problem is very complicated. It is difficult to achieve the expected goal of fishery management only by relying on the strength of fishery administrative departments. Therefore, China should mobilize the strength of fishermen, realize their self-management, establish various forms of fishermen's self-discipline organizations in developed areas, and jointly implement fishery management plans with government departments, which plays an important role in preventing the disorderly state of fishery production and controlling the expansion of fishing intensity. At the same time, giving the fishing association greater management power and realizing real fishermen's autonomy can not only complete the overall planning of aquaculture with good quality and quantity, but also solve the problem of carrying capacity of sea areas and reduce the difficulty and burden of the government. Of course, this requires profound changes in fishery associations, from simple technical services to autonomous institutions integrating technical services and self-management.

3.3 Improve the acquisition of fishery data and implement TAC system.

After the circulation system of aquatic products in China was liberalized from 65438 to 0985, fishermen could choose their own time and place to sell their caught aquatic products, which brought great difficulties to the catch statistics in China. In addition, in some places, in order to pursue political achievements, fishery statistics are seriously distorted and cannot provide decision-making basis for fishery management departments to formulate fishery policies. At present, we should improve the collection method of fishery statistical information in China and establish an appropriate catch reporting mechanism. The main channels are: (1) production ships must fill in the daily fishing log carefully; Strengthen the statistics of fishing port landings and market sales; It is strictly forbidden to sell fishing goods by sea, and strengthen the supervision of goods passing by sea. At the same time, strengthen legislation, establish fishery statistics laws and regulations and corresponding penalties, improve the importance of fishery statistics from the law, and ensure that statistical data are true and effective. The implementation of TAC system is one of the main means to protect fishery resources, and it is also one of the important indicators to judge the level of fishery management in a country. Although the TAC system is stipulated in China's Fisheries Law, it is difficult to fully implement the yield control system due to many limiting factors in China at present, so it can be implemented as a long-term goal of fishery management in the future. The main fishing species (such as hairtail, small yellow croaker and mackerel) should be selected in the future. ), give priority to the implementation of the fishing quota system, take management measures to restrict fishing access for other fishery resources, and initially and rapidly improve China's fishery resources management system.

3.4 Improve the construction of fishery laws and regulations

The Decision on Amending the Fisheries Law of People's Republic of China (PRC) was adopted at the 14th meeting of the Standing Committee of the 6th NPC on October 20th, 2000, and revised according to the 10th meeting of the 9th NPC Standing Committee on October 28th, 2000 and the 1st meeting of the 10th NPC Standing Committee on August 28th, 2004.

The legal nature of fishery right has been determined in Property Law, so the Fisheries Law should be revised as soon as possible, and its implementation measures should be accelerated to better protect the legitimate rights and interests of fishermen and ensure the sustainable development of fisheries. At the same time, it should be brought into line with the United Nations Convention on the Law of the Sea as soon as possible.

Formulate administrative regulations or rules such as Regulations on the Development and Management of Biological Resources in the Exclusive Economic Zone and Regulations on the Management of Foreign Fishing Vessels in the Exclusive Economic Zone, which are compatible with China's exclusive economic zone and continental shelf law, so as to make the development, conservation and management of biological resources in the exclusive economic zone have rules to follow and laws to follow. ?