• Title/Summary/Keyword: Fisheries Regime

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Establishment and future prospects of new international fisheries regime in Northeast Asian region (동북아지역 국제어업협력체제의 구축과 운영방향)

  • 최정윤;최종화
    • The Journal of Fisheries Business Administration
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    • v.30 no.2
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    • pp.1-23
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    • 1999
  • In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

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Research on the Implementation of the Bilateral Fisheries Order in the East China Sea after Establishing the China-Japan Fisheries Agreement (중·일 어업협정에 따른 양국 어업질서의 이행 실태 진단)

  • KIM, Dae-Young
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.4
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    • pp.1053-1062
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    • 2015
  • This research assesses the implementation of the bilateral fisheries order of the China-Japan fisheries agreement. After establishment of UNCLOS, the China-Japanese fisheries agreement has played as a basis for the fisheries order in the East China Sea. The China-Japanese fisheries agreement intends that the fisheries industries in China and Japan can utilize the renewable natural resources in the East China Sea. As the EEZ of China overlaps with that of Japanese in the East China Sea, the two countries established the China-Japan Provisional Measure Zone and Middle Zone in the Sea. Even though the three coastal States (e.g. Korea, China, and Japan) in the East China Sea are involved in managing these zones, there has been little effort to coordinate each county's management. Additionally, the Taiwan-Japan fisheries agreement, which is for the area of N $27^{\circ}$, has made costal States to establish and implement united measures to conduct effective fisheries management. Regarding access to the joint fishing zone in EEZ, Chinese fisheries regulations have been enforced in the zone because the fishing capacity of China exceeds all of other countries, reducing the number of fishing licenses and catch quotas. It turned out that a nation that has authority over fisheries resources tends to establish specific conditions of fishing operations to maximize its national interest. In the China-Japan Provisional Measure Zone, Chinese and Japanese authorities have introduced united measures to manage fisheries resources. However, in the Middle Zone between China and Japan, there is no regulation on fishing; both countries' fishing vessels can have free access to the zone. Thus, it is recommended that one should introduce an international fisheries management regime for the Middle Zone. In this regard, Korea should play a leading role in establishing the international management regime because Korea has middle position in terms of geographical standpoint, the degree of dependence on commercial fishing, and its fishing capacity.

Legal and Historical Evaluation on the Korea-Japan Fisheries Agreement of 1965 (1965년 한(韓)-일(日)어업협정(漁業協定)의 법적(法的)·역사적(歷史的) 검토(評價))

  • Choi, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.11 no.2
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    • pp.150-183
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    • 1999
  • Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

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A Study on the Transition Situation of Korean-Japan Fisheries Agreement and Improvement Issue of Bilateral Fisheries Relations (한일 어업질서의 이행 실태와 어업관계의 개선 과제)

  • Kim, Dae-Young
    • The Journal of Fisheries Business Administration
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    • v.47 no.1
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    • pp.31-45
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    • 2016
  • This study aims to evaluate the status of implementation of bilateral-fishery order since the Korea-Japan Fisheries Agreement came into effect in 1999 in order to improve fisheries relationships between two countries. The agreement regulates bilateral-fishery order by the principle of the EEZ regime and mutual benefits among countries. (e.g. the mutual agreed fishing in EEZ and cooperation for resource management). However, the Korea-Japan Fisheries Agreement has some limitations such as reducing quotas of the mutual agreed fishing in EEZ, strengthening Japanese fisheries regulation, insufficient cooperation for fisheries management and joint countermeasures. In order to improve fisheries relationships between the two countries, it is imperative to rebalance quotas for the mutual agreed fishing in EEZ, to establish effective resource management systems in the Intermediate zone, to invigorate fisheries cooperation in the private sector, and to introduce new management systems by species over the all waters around East Asia. To accomplish such measures, it is necessary for Korean and Japanese governments to improve fisheries relationships based on trust and cooperation, achieving a win-win situation. Additionally, it is required to incorporate fisheries management among Korea, China, and Japan.

Seasonal Variation in Zooplankton Related to North Pacific Regime Shift in Korea Sea (북태평양체제전환 (North Pacific Regime Shifts)과 한반도 주변해역 동물플랑크톤 계절주기 변동 특성)

  • Kang, Young-Shil
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.41 no.6
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    • pp.493-504
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    • 2008
  • In the seas around the Korean Peninsula, the seasonal cycle of zooplankton related to North Pacific regime shifts was investigated to understand the reaction of the ecosystem to climate change using long-term data on zooplankton biomass (1965-2000) and the abundance of four major zooplankton groups: copepods, amphipods, chaetognaths, and euphausiids (1978-2000). In general, the zooplankton biomass showed a large peak in spring and a small peak in autumnin Korean waters, but there was a slight difference in the peak time depending on the location and the period before and after the North Pacific regime shift. The zooplankton biomass showed conspicuous seasonal peaks in R-III (1990-2000) compared to R-I (1965-1976) and R-II (1977-1988), and the seasonal peak shifted from the autumn in R-II to the spring in R-III. The peak of copepods and euphausiids in abundance was from April to June, while chaetognaths peaked from August to October. We postulate that the time lag between the peaks for copepods and chaetognaths results from the predator-prey relationship. The regime shift in 1989 did not alter the seasonal cycle of the four major zooplankton groups, although it enhanced their production. The seasonal peaks of the four major zooplankton groups did not shift, while the seasonal peaks of the zooplankton biomass did shift. This was not only becausethe zooplankton biomass included other mesozooplankton groups but also because the abundance of the four major zooplankton groups increased significantly in spring.

Long-term variation in catch of Spanish mackerel (Scomberomorus niphonius) related to environmental change in Korean waters (환경변화에 따른 한국 연근해 삼치 (Scomberomorus niphonius) 어획량의 장기변동)

  • Lee, Seung-Jong;Kim, Byung-Yeob;Chang, Dae-Soo
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.47 no.2
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    • pp.99-107
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    • 2011
  • The relationships among long-term variation in catches of Spanish mackerel (Scomberomorus niphonius) and main food organism such as common mackerel (Scomber japonicus), anchovy (Engraulis japonicus), and oceanic condition in Korean waters were analyzed using 40 years of time-series data from 1971-2010. In the 1990s, oceanic conditions around the Korean peninsula shifted to a warmer regime with higher SST (sea surface temperature). The total catch of Spanish mackerel in Korean waters increased dramatically since the early 2000s, and main fishing ground form into South Sea in winter season from December to January. From the results of correlation analysis, we found a significant relationship between the Spanish mackerel catch and environmental factor such as SST, common mackerel and anchovy catch in Korean waters.

Studies on the Status and Prospect of the Marine Production and Resource Management in Korea (우리 나라 해양생산 및 관리 현황과 발전방향에 관한 연구)

  • Yang, Yong-Rhim;Lee, Ju-Hee;Lee, Chun-Woo;Zhang, Chang-Ik;Shin, Hyeon-Ok
    • Journal of Fisheries and Marine Sciences Education
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    • v.12 no.1
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    • pp.98-121
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    • 2000
  • The Korean fishery encountered a difficulty situation, due to the new regime of the Exclusive Economic Zone (EEZ) and the decreasing fisheries resources in Korean waters. In addition, the coastal areas are deteriorated by industrial wastes, sewage, farming wastes and pollution from aquaculture. In this situation, it is necessary to study the TAC (total allowable catch) - based management system, the development of fishing gears and appropriate fishing methods for stock conservation, and the automation system of fishing gears for improving the efficiency of fisheries. The objective of this study is to look for an appropriate system in marine production and resource management under the new UNCLOS (United National Convention for the Law of the Sea) regime for subjects in fishing gears and methods, production system, and information, and fisheries resources management. The results of this study could be used as scientific information to maintain and develop the Korean fisheries and to establish fisheries policy for the management of fisheries resources in Korean waters.

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Law of the Sea Problems on Fishery Resources Conservation and Management in the Yellow Sea and East China Sea (황해(黃海)와 동중국해어장(東中國海漁場)의 수산자원(水産資源) 보존관리(保存管理)에 관한 해양법문제(海洋法問題))

  • Lee, Byoung-Gee;Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.77-91
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    • 1994
  • The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

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