The Legal Regulation Of Artificial Fish Reef

Artificial fish reef is a kind of structures that people intentionallyset in the water, utilizing the Aquatic organisms’ Behavioral responsesto Objects in the water, attracting and gathering aquatic organisms, tofish or protect fishery resources. Initially, the artificial fish reefwas only used as vice fishing equipment to fish, with the development ofscience and technology, In addition to gathering fish, people useartificial fish reef to increasing the quantity and quality of the fish,improving marine water quality and restoring the marine ecosystem balance.Against the background of continuing decline of marine fishery resources,coastal countries pay more attention to artificial fish reef, considerit as an important measure and implement it. The end of the1970s, ourcountry has also begun the construction of artificial fish reef. For theartificial reef, experts and scholars have already carried out researchon artificial fish reef; they do a lot of research into the Principle ofthe artificial fish reef attracting and gathering fish, the impact ofartificial reef on the marine environment, marine life, applicationtechnology of artificial reef etc. However, few studies have addressedLegal issues arising from the construction and management of artificialreef.Taking the recovery of marine fishery resources as the direction,Author attempts to carry out the legal study of construction andmanagement of artificial reef in this paper.Through the arrangements ofrights and obligations, the design of legal system to improve the legalregulation of artificial reef to guarantee the artificial reef’scontinued, healthy and orderly development in China is the task of thispaper. This article following the train of thought that first discoversthe problem, followed by analysis of the problem, and finally solve the problem, is divided into four parts.The first part illustrates the important role of artificial reef andits development Status. Based on the basic knowledge and research resultsof aquatic science, marine ecology, this section first explains theimportant role of artificial fish reef. The development of artificial fishreef plays an important part in restoration of marine fishery resources,recovery of marine ecosystem and the structure adjustment of fisheriesindustry. Through the above efforts to prove that the necessity ofdeveloping artificial fish reef; this part also introduces the currentdevelopment of artificial reef at home and abroad to clarify the vast spaceof the artificial reef development. Practical experiences of thesecountries and regions are helpful for the development of artificial fishreef in china.The second part is the current situation and existing problems of theartificial reef legal regulation. The necessity and feasibility ofdevelopment of artificial fish reef prove the meaning of the environmentaland resources protection law research on the artificial fish reef. Ourcountry is a statute law country, so legal regulation arrangements relatedto artificial fish reef are mainly reflected in the legal norms. In thispart, author analyzes the existing system of legal norms with the actualsituation, and find out the lack of current legal regulation: drawbacksof safeguard and guidance mechanism, defect of regulation andadministrative mechanism.Improving the artificial fish reef’s safeguard and guidancemechanism is the focus of the third part. Considering the importantfunction in restoration of marine fishery resources and fisheryreproduction, we should support and guide the development of artificialfish reef. Because artificial fish reef has different types, we shouldtake different measures to promote the development of artificial reef. For public welfare artificial fish reef, making it clear that government’slead responsibility for construction of public welfare artificial fishreef and improving the investment and financial system to make sure theconstruction of public welfare artificial fish reef are necessary; it hasgreat significance to guide the community to participate in theconstruction of artificial fish reef, so it need provide Interests andrights to the private builders. At the same time, this part also emphasizesthat promote Research and development of science and technology aboutartificial fish reef by legal safeguards.The final chapter discusses the improvement of artificial reefregulation and management mechanism. Management of artificial reef shouldbe from the construction began and continued until the end of theartificial reef mission. So to establish standard systems of artificialfish reef, need make efforts in the following two aspects: the standardmanagement of the artificial reef construction phase, the standardmanagement of artificial reef area. Author hopes that the efforts toimprove the management system will be helpful for bringing artificial fishreef’s function in to full play.