Research On The Legal Regulation Of Recreational Fisheries In China

Leisure fishery plays an important role in promoting the integration of China’s fishery industry and promoting the development of fishery economy.However,at present,the country lacks sound and operational laws and regulations in the planning,supervision and management of leisure fisheries,resulting in an awkward situation for the development of leisure fisheries,which is difficult to operate in daily fisheries law enforcement,safety supervision,ship inspection,and other work.Therefore,it is necessary to further improve the legal regulations of leisure fisheries in China to achieve legal compliance and sustainable development of leisure fisheries.This article will elaborate from the following four parts to provide direction for the research on legal regulation of leisure fisheries.The first part is an overview of legal regulations for leisure fisheries.Starting from the concept of recreational fishing,clarify the non productive fishing behavior for the purpose of entertainment and the behavior of operators using fishery resources to provide recreational fishing activities.Then,it introduces the current development situation of leisure fisheries in China,and analyzes the current legal regulation situation of leisure fisheries in China.The second part first reveals the necessity of legal regulation of leisure fisheries in China from three aspects: maintaining the development order of leisure fisheries,improving our fishery legal system,and resolving practical legal issues in leisure fisheries.Then,it conducts theoretical and practical analysis of the feasibility of legal regulation of leisure fisheries in China.The third part further considers the choice of legal regulation mode and the definition of public private dichotomy of leisure fisheries in China.It is suggested that China’s legal regulation of leisure fisheries should choose a decentralized legislative model based on the "Fisheries Law".After discussion and analysis,it is concluded that China’s legal regulation of leisure fisheries has the attribute of merger of public and private laws.The fourth part sorts out the problems in the legal regulations of leisure fisheries in China.Firstly,the lack of supporting laws for leisure fishing leads to damage to fishery resources;Secondly,the safety production and regulatory responsibilities in the operation of leisure fisheries are not clear;Thirdly,there is a lack of clear standards for the registration of leisure fishing vessels and fishing registration;Fourthly,the legal responsibility for illegal activities in leisure fisheries is not yet clear.The fifth part proposes improvement measures for the problems in the legal regulations of leisure fisheries in China.Firstly,improve the licensing system for leisure fishing,clarify that the property rights of leisure fishing belong to solving the problem of fishery resource damage;Secondly,add regulatory provisions for the safe operation of leisure fisheries in the Fisheries Law,establish a safety management system,clarify the regulatory department for the safe production of leisure fisheries,and ensure the legal and safe operation of leisure fisheries;Thirdly,establish a "central local" linkage model,standardize the registration of leisure fishing vessels and fishing registration systems,ensure operational safety,and achieve sustainable development of leisure fishing;Fourthly,supplement the corresponding legal responsibilities and systems to form a complete legal liability system for illegal activities in leisure fisheries under the principle of "civil punishment".