The Research Of Quotas Fishing System

The fisheries quotas system is the research object in this thesis. By analyzing the system's origins, development and composition, we found the nature of fishing quota system which is the mutual obligations of no exceeding the total allowable catch. Quota rights must be exercised within limits. It has public law Features. External form is an administrative license. Duty Standards of the fisheries quotas tells us the key of problem-solving lies in the implementation of limited access. It is the product of limited access and output control. We must firmly grasp the essence of system to perfecting it, specific measures including license access, strengthening supervision, deepen cooperation and other means. Whether domestic or international quota, want to gain success, it must compliance duty standards, which is decided by natural law.This paper includes introduction, main body and conclusion. The main body is divided into 6 chapters.Introduction section describes the origin of the problem and the historical background. We analyze the purpose and significance of topics, and summarizing research status. Furthermore, the section describes the research ideas and methods. The innovation of the thesis lies in revealed the obligations nature and public law Features of the fisheries quotas system. In the light of obligations nature, we put forward specific measures for problems.The first part of the doctoral thesis discusses the origin of the system. Fishery resource is the kind of the public resources, which is determined by biological characteristics of resources. Competitive over-fishing and input control management failed leads to resource decline. People have to find other solutions. Fisheries quotas,a output control based biological characteristics gradually entered the stage of history. It originates in the management practices of western. Among of it, ITQ firstly successful carried out in Iceland and New Zealand, and gradually extended to the around of the world. Common tragedy, externality theory and Fishing rights have far-reaching implications on the quota system. The external legal characteristics of fishing quota system are specificity, continuity, transferability, and incentive.The second chapter discusses the development and changes in quotas system. UNCLOS laid a legal foundation for fishing quotas system worldwide implementation. All kinds of Organization have important contributions on development and improvement of the fishing quotas system. Between the domestic quotas with the international quotas have interactive features. Norway as the representative among of the Atlantic states has a successful experiences in the implementation on this field. Fishing quota has different forms, which be implemented in different countries, such as IQ,ITQ,CDQ, and so on.The third chapter discusses the composition of the quota system. It composed of following links: resource assessment; obtain MSY; determine TAC; allocation of quotas; trade; regulation; safeguard measures. All aspects are closely linked and indispensable, which common security the effective operation of the system. Countries around the world have different management models on fishing quotas system, which developed quota system. Currently, fishery quotas system has become the mainstream of fishing management on the world.The fourth chapter analyzes the substance of the quota system. The external features of the quota system masks its true face. Through the analysis of all sectors of the quota system, we found that the nature of the system which is the distribution under the resource limits. Following t he obligations no beyond the common obligations of TAC is the prerequisite of all aspects of running. This is the obligation of no exceeding the natural limits. Its purpose is promoting the realization of the overall interests of humanity. It is common obligation from the scope of the obligor. In other words, it is a relationship of whole interest including individual interest. Exercise of the right to be bound by the obligations. Right can only be exercised within the limits, which purpose is to satisfy the reasonable desires of mankind. Implementation of the overall interests is the premise of achieved individual interests. It is a relationship which if no skin, hair could not adhere on it. Right must be exercised within the limits, which have capacity to achieve sustainable use of resources. By distinguishing between the right of high seas fishing rights and quotas for the different properties of the inner law, further deepened our understanding of substantive obligations of the quota system. The sharing of high seas fisheries resources determines the high seas fishing rights is a qualifications, which is a holistic right who can not be a monopoly of a country and personal. The right of high seas fisheries quota is the dominated by a specific quota of fish resources, the interests of the obligation to obtain based on the premise, receiving benefits based on the premise of obligation. Did not get the quota does not mean the elimination of fishing rights, fishing rights does not mean have access to quotas. In addition, object of controversy of the quota is not simply the right object, which is the object of legal relations. It is a relationship of obligation to weigh the rights. Essential attribute of the obligations of the quota system is decided by limited resources. Fishing rights and catch can not directly contact. Summarized in one sentence, "Fishing rights is man-made, and catch is determined by the nature laws." View from the legal property rights, the quotas right established on common obligation basis. Although it have characteristics of property rights in terms of the external features, but the factors such ad source of rights, the object of sharing and the limitation of private rights, determined the quota rights can not and should not be a private right, administrative license management system which have the public law features is the best way to deal with fisheries issues.The content of the fifth chapter is from quotas nature to analyze its perfect measures. The obligation standard nature and the public law attribute of the quota system decided perfection of existing quotas based on carrying out the limited access, combined the comprehensive supervision and deepened international cooperation, can be effective security the fulfillment of mutual obligations and the maintenance of fishery resources, finally achieve human overall interests. Whether international or domestic quota, the perfection measures must firmly grasp the essence of the quota system. As for the international quota, the problem is rooted in avoiding the common maintenance obligations, performance of specific forms which have loopholes on these fields, such as Institutional arrangements, resource allocation, monitoring, and so on. The key of problem solving lies in the implementation of all countries performance fulfill mutual obligations by TAC determined. In this mechanism of ensuring the common obligation, on the current international situation is concerned, the establishing a unified global fisheries management organizations are not feasible. Currently, only through strengthening regional fisheries organization management, in-depth international cooperation, through "point to an area" management mode is feasible policy. The implementation of the domestic quotas concerned, all counties should combined own national conditions with the quota essence to perfect it. The practice of U.S. and New Zealand in quota system have achieved successful experience, which specific approach is the premise of the implementation of administrative licensing carried output control mode, supported under the entire regulatory combination with other traditional management methods, system achieved successful experiences, worth other countries reference.The sixth chapter mainly discussed the implementation of China's quota system. For the present China is concerned, the implementation of the quota system can draw lessons from the American experience, based on the existing permit quota system implanting quota system, that is clearly defined the numbers of fishing boats and horsepower, the fishing quotas, fishing gears in the license. Only the common implementation of the input and output quotas, so as it can truly implement the limited access. In order to bitterly optimize the maintenance obligations, to meet the development needs of people in resource limits, should allow the transfer of quota certificates. In addition, if the system wants to achieve the effect, it can not do without the support of other complementary measures, that is under the premise of strengthen supervision, combined others traditional management means and improving the existing social safeguard mechanism, eliminate the restricting factors in existing law, and so on. Under the support of various factors, the system can play its effect.At finally, by the essence of quotas, we can extend to thinking about other environment problems. Environmental problems are essentially because of human desires beyond the natural capacity, which is a capacity limit problem. The greenhouse effect and the ozone holes are its external performance. Before the resources and environment limits, people want to realize sustainable development, only taking self-limiting measures. If still blindly exacting, too much to pursue the rights and oversight the performance of common obligations, peoples will be punished by nature. Therefore, the fundamental solution is control people's reckless desires from the source; correctly handle the relationship between man and nature, kind of natural; promote green lifestyles, oppose extravagance; spread and deepening of environmental education, and so on. Only by it, we can truly achieve the harmony between man and nature.