Review of National Laws and Regulations in China in Relation to the Precautionary Approach to Fisheries Management

ABSTRACTThe precautionary approach has been widely accepted as an important guideline in international, regional, and national fisheries management. The United Nations Fish Stocks Agreement provided a foundational framework for the application of the precautionary approach in fisheries management. Several Regional Fisheries Management Organizations explicitly referenced the precautionary approach in their conventions. Additionally, several significant fishing countries integrated the precautionary approach into their domestic legislation and actively implemented a precautionary approach in practice. However, China has not yet formally integrated the precautionary approach into its fishery legislation and management practices. Given the acceptance and effectiveness of the precautionary approach in fisheries management globally, China should incorporate the precautionary approach into its legislative and administrative frameworks for fisheries. We reviewed current Chinese laws and regulations for the precautionary approach and identified gaps, challenges, and opportunities for the precautionary approach and recommend the application of the precautionary approach in China's fisheries management. Recent advances in China's fisheries management, including the ongoing revision of the Fishery Law and the fishery quota system pilot program, established favorable circumstances for the potential adoption of the precautionary approach.