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On the Connection between the Island Survey Systems and Technology Supply in the New Period:To Promote Island Sustainable Development From the Perspective of the Island Protection Law of People's Republic of China

2022-08-12WANGFangDENGMin

中华海洋法学评论 2022年2期

WANG Fang,DENG Min

Abstract:Highly conspicuous in their ecological,resource and values of rights,islands make a significant contribution to the socio-economic development of China.In 2010,the Island Protection Law of the People’s Republic of China was implemented as China’s first basic law specifically for the sustainable development of islands,providing an institutional foundation to effectively protect islands.It defines the responsibilities of various departments and establishes a statistical survey system for islands.According to the institutional reform in 2018,it is required to implement a resource survey as the first element of the main theme of exercising in a unified manner the duties as the owner of public-owned natural resource assets and the duties to control the use of state-owned land space and ecological protection.In this regard,this paper presents an overview of the necessity of island surveys and the previous island surveys and their main findings since the Reform and Opening-up,sorts out a series of legal and technical norms related to island surveys,analyzes the current progress of domestic island survey technology,and gives an outlook on the demand of survey technology for the sustainable development of islands in the future.

Key Words:The Island Protection Law of the People’s Republic of China;Island survey;Sustainable development

In their role as a vital part of China’s maritime territory and a significant symbol of State sovereignty,islands and their surrounding sea areas are rich in resources essential to human beings.1DENG Yuncheng &LIU Jianhui,Necessity Research of Establishing Legal Regime of the Island Protection List,Ocean Development and Management,Vol.35:2,p.28-33 (2018);ZHANG Xiangjun,WEI Hanbing &DENG Yuncheng,A New Operational Type of Marine Tourism-Island Diving,Marine Economy,Vol.11:2,p.72-81 (2021).(in Chinese)Human beings came into awareness,understanding and development of the ocean from islands,which serve as special strategic bases and marine resources,and are an integral part of the marine ecosystem.2LIN Ning,ZHAO Peijian &FENG Aiping,Research on Island Resource Survey and Monitoring System, Ocean Development and Management,Vol.30:3,p.36-39 (2013).(in Chinese)In 2020,the 5th Plenary Session of the 19th CPC Central Committee proposed to “pursue coordinated land and marine development,develop marine economy,and step up efforts to build China into a strong maritime country” and the new tasks of ecological conservation during the14th Five-Year Plan(2021-25)period.The construction of marine ecological civilization has become a key component of China’s socialist ecological civilization.2010 saw the implementation of theIsland Protection Law of the People’s Republic of China(hereinafter “the Island Protection Law”),which provides a legal basis for the protection and restoration of the ecosystem of islands and their surrounding sea areas,the rational and appropriate exploitation and utilization of natural resources of islands,the safeguarding of China’s maritime rights and interests,and the promotion of sustainable development of the marine economy.3SU Jinyuan &LU Yiwei, People’s Republic of China:The Law of the People’s Republic of China on Island Protection 2009,The International Journal of Marine and Coastal Law,No.25:3,p.425-436 (2010);Supra note 1,DENG Yunchen &LIU JianHui.(in Chinese)

I.The Need for Island Survey

Global climate change and increasingly intense human activities have led to rapid changes in the exploitation and utilization of islands,exposing their ecological environment to unprecedented changes and damage.The island survey and monitoring data of previous years have become incomplete and inaccurate to reveal the current exploitation and utilization status of islands and their ecological resources,4GAO Yikang LIU Xu,LIN Heshan,XU Jinyan &DENG Yuncheng,The Management of Uninhabited Island in China:Present Situation,Problems and Suggestions,Ocean Development and Management,Vol.38:9,p.32-35 (2021).(in Chinese)which is incompatible with the requirements of the new era for island management.Therefore,it is particularly important to carry out island survey,monitoring and evaluation for the sustainable development of islands.It is our legal responsibility to investigate and monitor the status of island exploitation and utilization and their ecological protection.Guided by Xi Jinping’s thought on ecological civilization since 2012,the ecological civilization has been incorporated into the overall plan for development in five areas (i.e.promoting coordinated progress in the economic,political,cultural,social and ecological areas).5CHEN Yusheng,FANG Ruijing &QIAO Juan,On the Development of Marine Aquaculture Industry in China,Primary Agricultural Technology Extension,Vol.1:1,p.5-9 (2013).(in Chinese)The survey and monitoring of islands has important practical implications and farreaching strategic significance.

Island survey is an integral part of marine ecological civilization.The core of marine ecological civilization is to maintain a harmonious relationship and build a harmonious unity between human beings and the ocean.As a vital component of marine ecological civilization,islands make up the foundation for achieving sustainable development of the ocean.

Island survey is a need for a comprehensive and accurate understanding of island resources.Within the sea areas under China’s jurisdiction,there lie more than 10,000 islands,which,together with their surrounding sea areas,abound in resources,ranging from biological resources,mineral forestry resources and renewable energy,to harbor resources,tourism resources,etc.They make up an important basis for the strategy of building China into a maritime power.

Island survey is a prerequisite for the sustainable development of a marine economy.Through island surveys,the government’s natural resource management and planning departments can obtain detailed data support for their reasonable planning of the island’s positioning and main uses,so as to ensure high-level exploitation of islands in a protective context,foster the “small but beautiful” exemplary marine industry,promote the healthy development of the island economy,and protect coastal residents’ entrepreneurship and employment.

Island survey is an important step to ensure the implementation of theIsland Protection Lawand also a foothold to promote island protection and management at a high level.TheIsland Protection Lawprovides for island protection planning,supervision and inspection,legal responsibilities,etc.,which makes it a duty of the government to verify the current status of island exploitation and utilization,development intensity,and remediation and restoration.

Island survey is a protector of national maritime rights and interests.It is an important tool to strengthen the management of natural resources in the new era and also a catalyst for speeding up the building of maritime power.

II.Progress and Achievements of China's Island Survey

China has all along valued the island’s work.From 1988 to 1995,China carried out the “National Island Resources Comprehensive Investigation”.It was mainly tasked to investigate the basic information on the types,quantities and distribution characteristics of the natural environmental elements and natural resources of islands nationwide,which involved about 13,000 people,employed 250 survey vessels a time and more than 3,000 vessels for marine operations a day,and covered an area of 210,000 square kilometers (including more than 190,000 square kilometers of sea area),with 3,545 sections laid,14,612 observation points at sea and 31,065 on land.This investigation has resulted in the compilation of 655 volumes of various comprehensive survey reports,professional reports and special reports and 2,518 volumes of survey data,as well as the completion of theReport of the National Island Resources Comprehensive Investigation,theData Compilation of National Island Resources Comprehensive Investigation,theNational Island Directoryand other achievements.These are by far the most important basic data of island resources in China.According to the results of the island survey,there are abundant natural resources in China’s islands and their surrounding sea areas,including ports,organisms,tourism resources,etc.,which have great potential for development.6The Editorial Board of the Encyclopedia of China,Encyclopedia of China,Encyclopedia of China Publishing House,2019.(in Chinese)

From 2004 to 2011,we carried out the special project of Comprehensive Survey and Evaluation of China’s Coastal Waters (908 Project),7Comprehensive Survey and Evaluation of China’s Offshore Ocean (908 Project) Thematic Survey (Islands),Hydrographic Surveying and Charting,Vol.25:5,p.6 (2005);SU Tao,Comprehensive Promotion of the Implementation of 908 Project,China Ocean News,4 Dec 2007,at 001.(in Chinese)in which such means as surface observation and measurement,and aerial and satellite remote sensing were employed to conduct a comprehensive survey of islands in China.This project yielded considerable achievements,enriching and improving the basic data of islands.A number of books and industry standards on sea and islands have been compiled and published,includingIslands of China,8Relying on the 908 Project,the State Oceanic Administration cooperated with the Ministry of Foreign Affairs,the National Development and Reform Commission,the Ministry of Science and Technology,the Ministry of Civil Affairs,the Ministry of Finance,the Operations Department of the General Staff Headquarters,and the marine management departments of coastal provinces (autonomous regions and municipalities directly under the Central Government),the Chinese Academy of Sciences and institutions of higher learning to organize and hold the inaugural conference of the Islands of China Compilation Committee and the first plenary meeting of the Compilation Committee in Beijing.More than ten volumes of the Islands of China have been published.Also,the publication has been continuing as the island survey continues.Directory of China’s Islands &Reefs,Geographical Names of Islands in China’s Seas,9WANG Xiaobo,Geographical Names of Islands in China’s Seas (12 volumes),China Ocean Press,2021.(in Chinese)China Island Ecological Evaluation System,Atlas of High-resolution Satellite Remote Sensing Images of Islands and Reefs in Nansha Islands,andGuide to Island Ecosystem Evaluation Methodology.These achievements and data have been fully applied in economic construction and service guarantee,making important contributions to national defense and socio-economic construction.10Ministry of Natural Resources of the People’s Republic of China,Bulletin of the 2017 Island Statistical Survey,MNRPRC (27 Jul 2018),http://www.mnr.gov.cn/gk/tzgg/201807/t20180727_2187022.html,p.1-16.Since 2018,the relevant survey bulletin has been included in the Natural Resources Bulletin,no separate bulletin of the Island Statistical Survey will be issued.(in Chinese)

In July 2018,China’s Ministry of Natural Resources issued the2017 Island Statistical Survey Bulletin.It provides a comprehensive and systematic introduction to the basic situation of China’s islands,with detailed data showing the islands’distribution and economic development,the water quality of surrounding sea areas,the ecological status of islands and the progress of their protection and restoration,etc.It also presents a summary of the construction of the island management system and its law enforcement and inspection.

In 2018,the State Oceanic Administration and the Ministry of Civil Affairs announced the standard names for islands in some parts of China’s sea areas.These standard names announced are one of the important achievements of the Census Project of National Seas and Islands Geographical Names implemented by the State Oceanic Administration in 2010.11Announcement of the Ministry of Civil Affairs and State Oceanic Administration on the Promulgation of the Standard Names of Some Sea and Islands in China,GovCN (8 Jun 2018),http://www.gov.cn/xinwen/2018-06/08/content_5297114.htm.(in Chinese)

III.The Legal System and Technical Specifications s of China's Island Survey

In China,island survey is an ongoing fundamental work for island protection and utilization conducted on a yearly basis.Its main task and content are to investigate the basic elements of the environment such as soil,vegetation,hydrology,geology,geomorphology,water resources and biological resources among natural resources,and the ecological environment protection,resource development and socio-economic development of islands,and to evaluate the above objects.12TANG Baiping,On the Basic Systems of China’s “Island Law”, Law Science Magazine,Vol.28:1,p.83-85 (2017).(in Chinese)

Chapter II of theIsland Protection Lawhas provided for such matters as the island protection planning,the island survey and statistics and the island monitoring.According to Article 15 thereof,“The State shall establish an island management information system,make investigation and assessment of the natural sources of islands,and conduct surveillance and monitoring of the status of protection,utilization,etc.of islands.”13Island Protection Law of the People’s Republic of China,Ocean Development and Management,Vol.27:2,p.63 (2010).(in Chinese)

Table 1 Systems,Standards and Technical Guides Related to Island Surveys in China

In 2012,China’s State Oceanic Administration issued and implemented theNational Island Protection Plan(heresinafter “the Plan”),which is another major initiative launched following theIsland Protection Lawby China to promote the comprehensive development of the island undertaking.The “Key Projects” section thereof specifies the objectives and tasks of island resource investigation and evaluation.14Chapter VIII of National Island Protection Plan.

Seeing all this, the four dragons felt very sorry, for they knew the Jade Emperor only cared about pleasure, and never took the people to heart. They could only rely on themselves to relieve the people of their miseries. But how to do it?

In 2015,theTechnical Specifications for Island Surveywas published,15State Oceanic Administration 908 Special Office:Technical Specifications for Island Survey,China Ocean Press,2015,p.1-19.(in Chinese)with Chapter IV clearly specifying the methods and scope of island survey,and Chapter XII specifying the content and technical methods of island geological survey.

In 2018,China’s Ministry of Natural Resources issued theIsland Statistical Survey System(hereinafter “the System”).According tothe System,“The survey is conducted by means of comprehensive investigation,remote sensing and administrative records to collect information.The survey covers five aspects:island ecological protection,island exploitation and utilization,island human settlement,special-purpose island protection and island management”.16Island Statistical Survey System,Ziranzi [2018] No.11,19 April 2018,p.5-22.(in Chinese)

In January 2020,China’s Ministry of Natural Resources issued theOverall Plan for Building a Natural Resources Investigation and Monitoring Systemto carry out a unified comprehensive investigation and monitoring of natural resources.Based on the results of the third national land resource survey,special surveys have been carried out in an orderly manner,including those on islands.The institutional mechanism of “one survey for multiple purposes” and “integration of multiple surveying and mapping services” has been established to further investigate the quality,structure,ecology and other information of islands.Efforts have been made to strengthen database integration,build a three-dimensional database for investigation and monitoring,and promote the construction of a unified investigation and monitoring service system for natural resources,thus providing a scientific basis for the management of natural resources and relevant government decisions.Also,theTechnical Guide for the Inventory of All Natural Resources Assets Owned by the Publichas been modified and improved to accelerate the establishment of a unified system for the investigation,monitoring and evaluation of natural resources.17Letter of Reply to Proposal No.0555 (No.054 of Resources and Environment Category) of the Fourth Session of the 13th National Committee of the CPPCC,GovCN (14 Jul 2021),http://gi.mnr.gov.cn/202111/t20211101_2700724.html.(in Chinese)

From the above,it can be seen that China attaches great importance to islands,and there are laws to abide by and regulations to check for island surveys,which provides a guarantee of systems,standards and technical guides for better management and utilization of islands.

IV.Technical Supply of China's Island Survey

In the wake of constant breakthroughs in science and technology,the accelerated integration of industrial intelligence and marine surveys has led to more opportunities for the fusion of technology and the ocean.New technologies can significantly push forward the development of island survey,with technical means such as unmanned surface vessels (USVs),unmanned aerial vehicles (UAVs) and 3D laser scanning finding continuous application in island survey and becoming advanced gradually.The application of new technologies can free investigators from the need for on-site surveys of the objects to be investigated on islands,which can shorten the investigation time,improve the efficiency of investigators,save the operation cost,reduce the difficulty of investigators’ tasks,and result in higher reliability of the accuracy of the survey results.Representative survey technologies include USVs,UAVs,3D spatial data technology,etc.

1.USV

During China’s 34th scientific expedition to the Antarctica,four USVs from Zhuhai Yunzhou Intelligence Technology Co.,Ltd.completed the multi-beam fullcover seabed topographic survey of 5 square kilometers in the waters around the Inexpressible Island,the Antarctica.The Inexpressible Island is one of the regions with the harshest natural conditions,which poses a great challenge to the research vessel and research personnel in the survey.Probing the sea area with USVs this time is a valuable practice for the exploration and application of USVs in island surveys.The submarine topographic data obtained by USVs guarantees the safe navigation of the vessel Xue Long in the sea area around the Inexpressible Island,while the basic spatial information obtained provides data support for China to build a new station on the Inexpressible Island.18Zhuhai Yunzhou Intelligence Technology Co.,Ltd.,USVs Advance into Uninhabited Islands,sina (17 May 2018),http://www.ce.cn/xwzx/gnsz/gdxw/201805/16/t20180516_29145888.shtml.(in Chinese)

2.UAV

The UAV system grows increasingly mature and is gradually applied in industries such as surveying and mapping,communication,environmental protection,monitoring and survey,which has become the main survey method and means in various industries.It is characterized by simple operation,low cost,strong mobility,high resolution,accurate timelines,etc.Armed with advanced technologies such as artificial intelligence and new materials,UAVs have substantially improved in intelligent operation,load capacity,endurance,etc.Moreover,the application of specialized processing software for flight-acquired data has enabled the UAV system to fully meet the requirements of the island survey.

The island survey by UAVs allows for access to large-scale mapping of the island and enables an accurate grasp of the length of the island shoreline and changes in the shoreline.The high-precision digital elevation model (DEM) and digital orthophoto map (DOM) of islands can be established to build detailed archives for islands,and also provide original data for regular patrol inspections.They can capture the distribution of vegetation and freshwater resources on the island,and provide a reference for identifying abnormalities in the island’s vegetation,rivers and other ecosystems through long-term ecological surveys and monitoring of the island.In addition,it is possible to observe the distribution and quantity of roads,structures,natural historical and cultural relics on the island.

DENG Cailong et al.(2014) conducted a survey using a TF-7 fixed-wing UAV in Tianheng Island and its coastal zone in Jimo,Qingdao,and used various means such as aerial triangulation to obtain high-precision orthophoto data that meet the specification requirements,proving that the UAV system can complete the mapping of the island and the surrounding sea areas at various scales.21DENG Cailong,Application of UAV Remote Sensing in the Monitoring of Islands and Coastal Zones,2015 master’s thesis at the First Institute of Oceanography of the State Oceanic Administration.(in Chinese)

3.3D Spatial Data Technology

LI Xuerui et al.(2020) completed the large-scale mapping of Huzhou Island in Huizhou City,22LI Xuerui,WEI Zheng,TIAN Song,LI Mingjie, Application of UAV Technology in Island Surveying and Mapping,Bulletin of Surveying and Mapping,Vol.2020:1,p.150-153 (2020).(in Chinese)with the accuracy,resolution and error of the mapping meeting the accuracy requirements of theSpecifications for Office Operation of Low-altitudeDigital Aerial Photogrammetryand other relevant measurement specifications.23National Bureau of Surveying and Mapping,CH/Z 3003-2010 Specifications for Office Operation of Low-altitude Digital Aerial Photogrammetry,China Surveying and Mapping Publishing House,2010.(in Chinese)LIU Hui (2020) completed the side slope monitoring in Changshan Islands in eastern Liaoning using 3D laser scanning technology.The three-dimensional information of the objects surveyed is obtained by regular re-surveying,followed by the comparison of changes of horizontal and vertical metrics of the characteristic points,in order to analyze the deformation of the objects surveyed.This technology has grown to be an important means of spatial data acquisition,which functions significantly in the fields of island construction planning,object 3D reconstruction,survey and monitoring.24LIU Hui,Application of 3D Laser Scanning Technology in Island Slope Monitoring,Survey World,Vol.35:6,p.49-52 (2020).(in Chinese)

The basic data obtained from surveys will serve as an important reference for administrative departments’ decision-making and management.Regarding island exploitation and utilization,the exploitation intensity should be strictly controlled as required by theIsland Protection Law.The uninhabited islands suitable for exploitation can be moderately exploited depending on their resource characteristics;the uninhabited islands less suitable for exploitation should be given priority to the preservation of the island ecosystem and the maintenance of their natural attributes;the uninhabited islands unsuitable for exploitation should be strengthened with emphasis on the preservation of the island ecosystem.In the meantime,the basic information of the natural resources supervision system should be enriched continuously according to the work plans and different task requirements,so as to provide solid data support for the subsequent ecological restoration of islands,archiving and registration,and improvement of laws and regulations.

V.Reflections and Perspectives

The island survey and monitoring findings can be made into deliverables such as island survey result map and island electronic data set and be fed back to the competent departments and law enforcement departments in real-time,in order to support the current spatial planning,industrial planning and ecological red line of islands,and to help them strengthen the management of islands,regulate the exploitation of islands,form a scientific island planning,and develop a reasonable ecological restoration plan for islands.25YU Xianjion,CUI Wanglai,DENG Yuncheng,YING Xiaoli,LIU Chao,MEI Yiran,A Study on the Construction of A Redline System for Island Ecological Protection,Transactions of Oceanology and Limnology,Vol.39:6,p.115-121 (2017) (in Chinese);DENG Yuncheng,Legislation,Challenges and Solutions for the “Dream of the Island Owner”—Review of the Application and Approval Measures on the Development and Utilization of Uninhabited Islands in Hainan Province,Marine Science Bulletin,Vol.22:1,p.73-89 (2020);ZHANG Xiangjun,WEI Hanbing &Deng Yuncheng,A New Operational Type of Marine Tourism-Island Diving,Ocean Economy,Vol.11:2,p.72-81 (2021) (in Chinese);SU Mingming.,Geoffrey Wall,WU Bangle,XU Huangxuan,FU Xiaohan &DENG Yuncheng,Tourism Place Making Through the Bioluminescent “Blue Tears” of Pingtan Islands,Marine Policy,Vol.133 (2021).In addition,island surveys can provide “background” information on the island in response to sudden natural disasters.

According to theIsland Protection Law,which is the basic law,regular and operational surveys on islands enable continuous improvement of the marine management system,optimization of the government’s marine public service capacity,promotion of comprehensive survey and assessment of the marine ecological environment in China’s coastal waters,and realization of the informationization and intellectualization of marine management services.Meanwhile,routine and special island surveys and monitoring can improve the capacity and level of marine ecological environment survey and facilitate the implementation of the strategy of building maritime power.

In parallel to the significance of island surveys,we should also note the challenges they present:First,there is insufficient financial security for island surveys.The survey on islands costs more than that on land areas.Due to its relatively limited direct economic performance,the island survey is not included in the list of expenditure priorities of local governments or even the central government.Also,the corresponding subjects do not have the initiative to investigate and do not recreate the island survey mechanism from the perspective of technical financing.Second,the supply of relevant technical standards is not well connected.For example,there is still a gap in the technical standards for sudden events or emergency surveys (such as the need for island surveys caused by the volcanic eruption in Tonga,etc.).In contrast to sea areas,minerals and other resources,the technical specifications for island resource surveys are still not systematic enough and do not cover the whole process.Third,no international consensus has been formed on the norms of the island survey system.Notwithstanding a large number of islands around the world,the relevant survey system and technical standards are still mainly based on Chinese practice,without consultation with relevant island States (regions) to promote regional coordination and unification of standards.On a whole,there is no international consensus concerning the basic system and technical standard of island surveys.

To cope with the above challenges and continuously promote the sustainable development of islands,we can make improvements in at least the following aspects:

First,we can optimize the financing mechanism of island resource utilization to guarantee the priority of survey demand.There are in fact very limited comprehensive surveys of island resources,except for the background surveys of conventional elements.China is currently conducting island exploitation and utilization basically on a case-by-case basis.The surveys are mostly centered on and primarily serve the needs of exploitation and utilization.Despite the need to pay relevant fees for the use of island resources,the relevant fees are levied without considering the financial needs of island surveys.Therefore,it is important to consider the survey technology costs and give priority to the financing mechanism for the exploitation and utilization of island resources.

Second,we can strengthen the training of talents for island research.26DENG Yuncheng,On China’s Island Degree Course Setting and Talent Cultivation,Proceedings of the 2019 International Conference on Education Innovation and Economic Management,p.41-44 (2019).It is necessary to strengthen the cultivation of a talent team for sustainable island research that integrate the legal and planning professions with the geological,ecological and marine survey professions,in order to provide a standardized process for island survey and monitoring and a technical reserve for the improvement of island-related laws and regulations.It is also necessary to strengthen thematic studies on islands,keep improving island laws and regulations,refine island survey rules,and issue local guidance documents for island protection.Moreover,research on island ecological restoration and island renewable energy exploitation and utilization should be carried out to enhance the economic value and social demand of islands.27WU Qiong,The Ministry of Natural Resources issued the Island Statistical Survey System,China Ocean News (2 May 2018),http://www.gov.cn/xinwen/2018-05/07/content_5288708.htm.(in Chinese)

Third,we can further internationalize the technical standards of island surveys.We should keep an active eye on the new technologies and methods of island survey at home and abroad,and apply the cutting-edge survey tools to the island survey.We should organically integrate the supply of science and technology with the research of policy systems to provide scientific and technological power and intellectual support for the sustainable development of islands.We should also incorporate the development of international standards for survey technology into the important assessment indicators of island research and management,and promote the internationalization and unification of island survey standards.

To sum up,theIsland Protection Lawhas explicitly provided that island surveys should be carried out.However,the effective implementation of the survey requires a push for the integration of technical and normative standards.The legal provisions alone are unable to ensure effective island surveys,which entails an effective connection between the island survey system and the supply of science and technology.China’s island surveys have seen many years of development and have yielded considerable fruits.However,there are also several challenges lying ahead.In this regard,we should further improve the technical financing mechanism in the future,strengthen the training of talents and boost the internationalization of technical standards.