Japanese Aquatic Resources Management and Its Enlightenment to China

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College of Economics and Management, Shanghai Ocean University, Shanghai 201306, China

1 Introduction

After the United States first published theDeclarationontheContinentalShelfandCoastalFisheriesPreservedWatersin 1945, some counties along the coast such as Chile and Peru have issuedDeclarationonTerritorialSeasandRelatedMatterssuccessively. It marks the beginning of implementation of the claim that all counties have sovereignty over the 200-nautical mile exclusive economic zone and fishery waters. The United Nations held the first, second and third conferences on the law of the sea in Geneva in 1958, 1960 and 1973, respectively, to discuss the management of biological resources in the surrounding areas by coastal countries. TheUnitedNationsConventionontheLawoftheSeatook effect in 1994. The convention contains a total of 320 articles and 9 annexes, covering territorial sea, continental shelf, deep sea bottom, exclusive economic waters, international straits and archipelago waters, as well as the rules of international law on world fisheries. The important articles related to fishery are Articles 56, 61, 62, 63, 64, 66, 116, 118 and 119.

Japan was one of the counties that had earlier implemented the protection of aquatic resources. In 1945, theFisheriesActwas promulgated and implemented, indicating that China has started the process of fishery resource conservation and management. However, the characteristics of fishery resources determine the difficulty of their protection and management. According to the report of theStateoftheWorld’sFisheriesandAquaculture2005 by the FAO, the number of resource types that are on the way to extinct increased from 10% to 25% from the 1970s to the end of the 20th century due to overfishing, TheStateoftheWorld’sFisheriesandAquaculture2016 states that after 1990, the number of fish caught at unsustainable levels continued to increase, but the increase was slower. Compared with 1974 and 1989, it was increased by 21.4% and 5.4% respectively in 2013. According to the assessment report of the Japan Fisheries Research Center, more than half of fishery resources in Japan’s surrounding sea areas are at a low level, and their prospects are not optimistic. To rationally manage and use fishery resources in a sustainable manner, in 1996, the Japanese government approved the promulgation of theUnitedNationsConventionontheLawoftheSeaandtheLawontheProtectionandManagementofMarineLivingResources(referred to as theResourcesManagementAct). TheAquaticBasicLawwas revised in 2001, and Japan’s fishery resource management has entered a new period of development since then[1].

2 Basic concept of aquatic resource management

As a marine country and a major fishing country, Japan has attached great importance to the development of aquaculture and the protection and management of fishery resources for a long time. Japan’s traditional management of aquatic resources is based on the utilization and adjustment of fisheries. Taking into account various factors such as fishery species, breeds and practitioners, limits are imposed on the number of fishing vessels, working hours, sea areas, nets and horsepower. As early as in the 1960s, theLawforRevitalizationofCoastalFisherieswas enacted and promulgated. Its targets are coastal fisheries and small- and medium-sized fisheries. The aim is to eliminate the income gap between fishery and other industries, promote the increase in the price of aquatic products at the same time as the growth of the national economy, and increase the income of fishery producers through adjusting the structure of the fishery industry. At the same time, theFisheriesActhas been revised to improve the productivity of fishery, reduce the cost of fishery production, and establish a resource-managed fishery under the stability management system.

In 2001, the Diet of Japan formulated and promulgated theBasicLawonFisheries. Its targets extend from the fishery production sector to the entire fishery industry chain, such as aquatic product processing and distribution, further clarifying the purpose of the management of aquatic resources. The basic ideal is as follows. In the 200-nautical mile exclusive economic waters with sovereignty, rational management and sustainable use of aquatic resources are carried out with scientific methods to ensure the healthy development of aquaculture and the stable supply of aquatic products. In the implementation of the management of aquatic resources, fishery producers have always been the main body for the protection and management of aquatic resources, and the protection and management of aquatic resources have always been implemented from the perspective of the active participation of fishery producers[2].

3 Basic laws of aquatic resource management

The basic laws of aquatic resources management in Japan includeFisheriesAct,AquaticResourcesProtectionActandResourcesManagementAct. Among them, theResourcesManagementActis the focus.

3.1FisheriesActJapan enacted and promulgated theFisheriesActas early as 1901, and in 1910, it partially revised theFisheriesAct. After the Second World War, the occupying forces of the United Nations completely revised theFisheriesAct, as an important part of the policy of promoting the democratization of fishing villages. Since the 21st century, Japan has revised and supplemented theFisheriesActseveral times in accordance with the changes in the national fishery industry policy. With fishery rights as the basic content, theFisheriesActformulates the basic system of fishery production (fishery utilization). It asks the fishermen to work under the guidance of the fisheries regulation committees and to make full use of integrated waters (repeatedly, three-dimensionally) to develop fishery productivity. The law stipulates that fisheries are the act of catching aquatic animals and plants and conducting aquaculture production. At the same time, the fishery rights system and fishery licensing system are applied to fisheries. Fishery rights, as property rights, are prohibited from renting in any case. In principle, they are also prohibited from transfer and mortgage. The method and content of fishery rights management, as well as the management authority of the fishery licensing system are clarified.

3.2AquaticResourceProtectionActAfter the Second World War, Japan’s economy has been restored and developed, and fishery modernization has progressed rapidly. Due to the acceleration of economic development and urban and rural construction, sea areas and tidal flats have been used extensively, the growth environment of fish has been severely damaged, and the degree of damage to aquatic resources has increased. To this end, the Diet of Japan promulgated and implemented theAquaticResourcesProtectionActin the form of Law No. 313 in 1951. The purpose of theActis to protect and nurture aquatic resources. The desire effect is to sustain the needs of fisheries production and fishermen’s life in the future, thus promoting the development of fisheries. Its core content is the formulation of rules about aquatic animals and plants (fishing, sales, fishing methods, hazardous substances, protection, cultivation and transfer), surface protection, fish, seedlings, resource survey,etc. At the same time, the minister of agriculture, forestry and fishery, in accordance with the provisions of theFisheriesActand the actual situation of fish species, production sea areas, fishery resources and fishermen, determine the number of production fishing vessels after listening to the opinion of the Fisheries Policy Review Committee. The government must give reasonable compensation for the losses caused by cancellation of production licenses and changes in the operating areas due to accidents.

3.3ResourcesManagementActWhile ratifying theUnitedNationsConventionontheLawoftheSeain 1996, the Diet of Japan formulated and promulgated theResourcesManagementActin the form of Law No. 77. Its purpose is to protect and manage the fishery resources in the exclusive economic zone and ensure the implementation of the UnitedNationsConventionontheLawoftheSeain accordance with the relevant provisions of theFisheriesActand theAquaticResourcesProtectionAct. It formulates basic plans for resources management, clarifies the responsibilities for national and local resources management and implements the management measures of catch and catch effort. The core content of theResourcesManagementActis the introduction of the total allowable catch (TAC) and the management of specific marine biological resources (the first category of specific marine biological resources). The catch of producers is limited in order to protect the aquatic resources. In view of the continued deterioration of aquatic resources, theActwas amended in 2001. On the basis of the TAC management system, the total allowable effort (TAE) was introduced to manage the specific marine living resources (the second category of specific marine biological resources). In the fish species and operating areas where the catch effort is set, specific regulations were made on the number of days and production volume of fishing vessels. Based on the situations of specific marine biological resources and fishery management, the ministers of agriculture, forestry and fisheries, as well as the prefecture governors review the basic plan for resources management at least once a year, listen to opinions of the Fisheries Policy Review Council, and announce the basic plan for resources management[3].

4 Basic methods of aquatic resources management

Since the 50s and 60s of the 20th century, Japan’s fisheries have expanded from coast to offshore, open sea and distant sea. From the perspective of fishery development, it can be divided into three periods: growth period (1950-1982), stagnation period (1983-1989) and deregulation period (1990-present). From the point of view of fishery production and output, the highest fishery production reached 12.82 million tons in 1984. In 2015, it was 4.688 million tons, reduced by 173.5%. The highest output in 1985 was 2.9 trillion yen. In 2015, it was 1.6 trillion yen, reduced by 44.8%. In recent years, marine fishery production and output have been maintained at 4.60 million to 4.85 million tons and 1.3 trillion to 1.5 trillion yen, reduced by 18.9%-14.5% and 11.4%-0.7%, respectively compared with 2015. Since the 1970s, with the arrival of the era of 200 nautical miles, especially since the implementation of the TAC management system centered on Europe and the United States, Japan has paid more attention to the protection and management of aquatic resources. In recent years, Japan’s resource-managed fishery focuses on the following three aspects.

4.1AquaticresourcesmanagementsystemsThere are two fishery resources management systems in Japan: one is the government system, and the other is the fishermen and fishery cooperative combination system. They are characterized by the dual supervision and management mode of self-management and combination with the government. It is clear that the fishermen and fishery cooperatives are the main body of aquatic resources management.

4.1.1Resource management decision making. The advisory council of ministers of agriculture, forestry and fisheries and the Fisheries Policy Review Committee composed of experts and scholars formulate and review the management objectives of aquatic resources. After the full discussion of the fisheries regulation committees (Regional Fisheries Adjustment Committee, Joint Fisheries Regulation Committee, and Wide-area Fisheries Adjustment Committee), the goals of resources management are determined. After announcement by the ministers of agriculture, forestry and fisheries and prefecture governors, they come into effect.

4.1.2Resource protection and management. From the perspective of the active participation of fishermen and practitioners, in accordance with the trends of fish resources and the operating conditions of the producers, practical operational plans are formulated for the TAC management system by fully adopting the opinions and suggestions of the fishermen and fishery cooperatives. At the same time, according to the fishery rights system, the contents of the fishery license, and the rules of exercising, the catch effort is reported, analyzed and managed to lay a foundation for the implementation of the TAE management and the formulation of resource recovery plan. At the same time, theOceanicAquaticResourcesDevelopmentandPromotionLawis used as the basis for formulating a resource management agreement system. Its core is to prohibit the catching of low-economic value fish, develop and popularize fishing gear and fisheries methods that can protect low-economic value fish and protect aquatic resources through the self-management of fishermen, thereby achieving the sustainable development of fisheries. In addition, the allocation method of individual catch is introduced to conduct management on the sea crab production.

4.2Aquaticresourceinvestigationandresearch

4.2.1Domestic fishery resources. First, the domestic water resources are divided into 90 groups (within one species, fish, of which part or all of the life history such as spawning site, spawning period and migratory route are different from those of others is called a group). The basic data of major fish species in TAC target fish species are collected, investigated and analyzed, and the status of their resources is evaluated. Second, the terrain of shallow waters such as depth is sorted out, and the situations of different fish species and different sea areas are forecasted for a long term. To grasp the medium- and long-term trends of fishery resources, the impact of changes in the marine ecological environment on fishery resources is investigated, and technologies for predicting resource changes are developed.

4.2.2International fishery resources. At the same time of investigating tuna resources, nursery and propagation techniques are developed. According to the action plan of the FAO, investigation and analysis of wildlife catch reductions are conducted. Second, based on the IWC (International Whaling Commission) regulations about temporary suspension of commercial whaling, the amount of whale resources is estimated and evaluated while analyzing the composition of whale populations. Third, the utilization mechanism, production capacity and production quantity of salmon and trout resources, and the biological characteristics of the ground fish in the East China Sea and the Yellow Sea are investigated by cooperating with the North Pacific Anadromous Fish Commission (NPAFC).

4.3Aquaticresourcemanagementathomeandabroad

4.3.1Domestic resource management. First, according to the provisions of Article 61 of theUnitedNationsConventionontheLawoftheSea, the TAC management system is applied to biological resources. Specifically, the fishing targets, operating time, catch,etc. are managed. Second, based on the fishery licensing and fishery rights regulations stipulated in theFisheriesAct, the fish with deteriorating resources are subject to the TAE management system in accordance with the fishery management status. At the same time, a resource recovery plan is introduced by adopting measures such as fishing off season, fishing ban, reduction of fishing boats, proliferation and release of fish, and improvement of fish growth environment, in order to achieve the purpose of recovery and sustainable use of aquatic resources.

4.3.2International resource management. The Japanese government signs fishery agreements with the governments of South Korea and China, respectively. With the mutual exclusive economic zone, the mode of operation and the same amount of catch in one year are determined. In addition, the Japanese government consults with the Russian Committee for Fisheries. In the exclusive economic zone, the mode of operation and the same amount of catch for the year are determined. In the 200-nautical mile exclusive economic zone, certain free is paid to the right of obtaining a certain catch. Through fishery utilization adjustment and management, the goals of protecting aquatic resources and improving the self-sufficiency rate of aquatic products are achieved[4].

5 Several enlightenments

5.1StrengtheningtheconstructionofresourcemanagementsystemFrom the perspective of the implementation of the TAC management system in Europe, the United States and Japan, overfishing of aquatic resources may trigger the fall in prices of aquatic products, further harming the interests of fishery producers. The adjustment of production operations and setting of allowable catches is of great significance for protecting fishery resources, especially the prices of aquatic products. In the TAE management sys-

tem implemented in Japan, the number of operating days, the number of operating vessels and the production volume are stipulated. It has a certain effect on the production and management of fisheries, the protection of aquatic resources, stabilizing and increasing the income of fishermen and promoting the sustainable development of fisheries. When conditions are ripe, China can introduce TAC management system in offshore fisheries. Catch limits will be set for the main fish species that have high resource prediction accuracy. In addition, the TAE management system can be introduced to the recovery and protection of traditional economic fish to protect fishery resources, increase the income of fishermen and promote the sustainable development of fisheries.

5.2PlayingmanagementfunctionoffisherycooperativecombinationThe fishery cooperative combination serves as representatives of fishermen’s interests and government agents. It cooperates with fishermen to implement the protection and management of coastal and offshore resources. The government effectively implements the protection and management of aquaculture resources through fishery cooperatives, which is as good as the management objectives achieved by investing large amounts of manpower, material resources and financial resources. The organic combination of resource management systems and portfolio management functions makes the management and protection of aquatic resource more effective.

The current protection and management of aquatic resources in China is mainly based on the management of government functional departments. Although fishermen feel the importance of resource protection, illegal activities occur from time to time due to the characteristics of fishery resources and imperfect fishery laws and regulations in China. With the great increase in water-beach cofferdams, port and shipbuilding projects, water conservancy and hydropower projects and industrial wastewater and pollutants, the living environment of fishery resources has been damaged. There are problems such as insufficient protection and overfishing. Therefore, fishermen and fishery economic cooperation organizations are required to implement effectively the protection and management of aquatic resources by using the law as a weapon and organization as the backing.

[1] ZENGJIN HN. Fish, food and Japanese[M]. Japan: Japanese Tsukuba Study，2003. (in Chinese).

[2] LE JH, LIU LY. The dual management model and development trend of Japanese fishery[J]. Fisheries Economy Research，2008, 25(6)：33-37. (in Chinese).

[3] Fisheries Agency. Website of Japan Fisheries Agency[EB/OL]. http：//www.jfa.maff.go.jp/,2018-3-14. (in Chinese).

[4] Fisheries Agency. Aquatic white paper of Japan each year[M]. Japan: Agricultural and Forestry Statistical Association，2006. (in Chinese).