Legal Substance and Prospects of a Fishery Quota Management System

  • College of Law, Shandong University of Technology, Zibo 255049, China

Received date: 2013-08-29

  Revised date: 2014-02-18

  Online published: 2014-03-18

Supported by

National Social Science Fund Youth Support Project (12CFX091); Shandong University Humanities and Social Science Research Project (J12WB11); Shandong University of Technology Humanities and Social Development Plan (4083/112007); and Shandong University of Technology Young Teacher Development Support Program (4072/112030).


The fishery quota management system is an output control fishery management mode based on ecological characteristics of the fishery resource under the historical context of overfishing-caused fishery crises and the failure of traditional input control management. This system depends on total allowable catch and has been successfully implemented in Iceland, New Zealand and other countries. Chinese researchers hold different views on the legal characteristics of the quota system, but the majority identify the characteristics as quasi-property. Based on the biological nature of the resources and substance of the system, international and domestic quota systems can achieve substantial results only when they strictly follow the joint obligation of remaining below the total allowable catch and the obligation shall be performed by limited access, strengthening supervision and other means to realize sustainable use.

Cite this article

BAI Yang, WANG Ling . Legal Substance and Prospects of a Fishery Quota Management System[J]. Journal of Resources and Ecology, 2014 , 5(1) : 91 -96 . DOI: 10.5814/j.issn.1674-764x.2014.01.011


Chen Z Y. 2004. Introduction on American fishery and its management. Chinese Fisheries Economics, (1):53-55. (in Chinese)

Cheng L T. 1997. Research on the international fishery legal system. ZTE Law, (43):234. (in Chinese)

Cui J Y. 2003. Property research associate. Beijing: Law Press China, 64. (in Chinese)

Guo W L. 2002. Analysis on applying individual transferable quota system to the fishery management. Marina Science Bulletin, 21(8):26. (in Chinese)

He S Q. 1991. Hazards on the fishery right infringe upon the civil relief. Jilong: Institute of the Law of the Sea of Taiwan Ocean University. (in Chinese)

Li J C, Chen G. 2009. Overfishing in marine fisheries and individual transferable quotas. Ecological Economy, (4):56. (in Chinese)

National Research Council (NRC). 1999. Sharing the fish: To-wards a national policy on individual fishing quotas. Washington D.C.: National Academy Press.

OECD. 1997. Toward sustainable fisheries. OECD, 72-84.

Piao A Y. 2004. Fishery management based on TAC system. Chinese Fisheries Economics, (6):36. (in Chinese)

Scheiber H N and C Carr. 1997. The limited entry concept and the prehistory of the ITQ movement in fisheries management. In: Pálsson G and G Petersdottir (eds.). Social Implications of Quota Systems in Fisheries. Copenhagen: Nordic Council of Ministers.

Shui B. 2005. On right of fishery. Modern Law Science, 27(3):141. (in Chinese)

Sun X Z. 2005. Property law. Beijing: Social Science Literature Press. (in Chinese)

Talley P. 2000. Fishing rights-An industry perspective ITQ's and fishermen's attitudes: The change from hunter to farmer. Rome: FAO, 404(1): 248.

The United Nations Environment Programme (UNEP). 2008. Global environment outlook yearbook 2008. Beijing: China Environmental Science Press. (in Chinese)

The United Nations Food and Agriculture Organization (FAO). 2008. The state of world fisheries and aquaculture 2008.[2011-12-16]

Xu X M. 2003. Limit and allotment-A rediscussion about the subject of environmental law. China Population, Resources and Environment, 13(4):23. (in Chinese)

Yang D Q. 2004. Several thoughts on establishment of quota catch system. China Fisheries, 18(4):26. (in Chinese)

Yin W W. 2009. Appraisal on the grey relation of investment control in China's marine fishery management. Journal of Zhejiang Ocean University (Natural Science), 28(2):192. (in Chinese)

Zhang Y M, Zhao S D. 2007. Service status and trends of the global ecological system. Advances in Earth Science, (5):517. (in Chinese)