国家管辖范围外渔业法律制度研究

国家管辖范围外(Areas beyond National Jurisdiction,以下简称ABNJ)渔业法律制度随着海域划界变迁和捕鱼能力的提升,经历了显著的变化,形成了由分散到集中再到分散的制度模式。现有的ABNJ渔业法律制度大体分为:国际性渔业法律制度、区域性渔业法律制度和个别渔业法律制度。经研究发现,这些制度存在渔业资源分配不公、渔业资源养护变革阻碍大、渔业组织监管与国际合作机制不完善、渔业执法制度缺乏体系等问题。对此,建议设立兼顾渔业资源养护义务履行量与发展中国家利益的渔业资源分配制度;提高区域渔业组织对渔业资源养护的管理力,严格渔业准入,加强许可证制度的实施;完善渔业组织的监管制度和国际合作制度,建立统一有效的渔业执法体系,促进海洋渔业资源的可持续发展。

Fish community diversity in the middle continental shelf of the East China Sea

The status of fishery stocks in the coastal waters of China is far from ideal, mainly due to climate change and the impacts of human activities （e.g., pollution and overfishing）. Thus, the restoration and protection of fishery resources have become critical and complex. The stability and balanced structure of the fish community is a basic foundation for the protection of fishery resources. Based on data collected from bottom trawls by the R/V Beidou in continental shelf of the East China Sea in November 2006 and February 2007, changes in the composition and diversity of fish species and functional groups were analyzed. The research area was divided into offshore waters and inshore waters by the two-way indicator species analysis （TWIA）. The results showed that the dominant species were different between offshore waters and inshore waters and also varied with the survey time. The most abundant family was Sciaenidae and Teraponidae in November 2006, Sciaenidae, Engraulidae and Triglidae were most abundant in February 2007. The species belonged mainly to mobile piscivores （G6）, benthivores/piscivores （G4）, benthivores （G3） and planktivores （G1）, and the dominant species in November 2006 were commercial species （e.g. Larimichthys polyactis and Trichiurusjaponicus）, but small-sized species were dominant in February 2007 （e.g., Harpadon nehereus, Benthosema pterotum, Champsodon capensis, and Acropoma japonieum）. The species diversity showed a similar trend as the functional group diversity. Stations with higher diversity were mainly distributed in inshore waters in February 2007, whereas higher diversity was found in offshore waters in November 2006. The highest biomass and species number were found in G6 group, followed by the G4, G5 and GI groups. The distribution of the number of individuals of each functional group showed the opposite trend as that of the biomass distribution. In addition, the size spectra were mainly concentrated around 3-29 cm, and the individual number of fish species gradually decreased with the increase in body size, but the relative biomass showed a moderate fluctuation in each size class. These changes showed that species with faster growth rate and earlier maturity age became dominant in continental shelf of the East China Sea. So the variations in biological characteristics of fish should be fully considered in maintaining sustainable utilization of fishery resource.