1 Introduction

It is proved that the marine summer fishing moratorium system is one of the most effective fishery management systems that continuously adjusting the current fishery development structure on the basis of maintaining the existing fishery resources in China.After long-term practice of fishery management,Ministry of Agriculture,based on the actual situation of marine fishery resources,continuously adjusts and further improves the corresponding provisions of the fishing moratorium system in order to promote the effective protection of fishery resources and the marine environment and finally realize the sustainable development of fishery resources and safeguard the marine ecological environment.

2 The basic situation of the system of summer fishing moratorium

The system of summer fishing moratorium isa system of fishery resources protection implemented by the fishery administrative department.The system of summer fishing moratorium stipulates that fishing should not be carried out in fixed waters at fixed times of the year.Because the system determines that the fishing period is the annual hottest season,it is also known as the summer fishing moratorium.Approved by the State Council in 1995,the Yellow Sea and the East China Sea,implemented the system of summer fishing moratorium from June to September.Later,the geographic domain expanded to 12°N north region of the South China Sea.

3 The evolution of the system of the summer fishing moratorium in China

3.1 Initial implementation stage(1995-1998)

In 1995,China's Ministry of Agriculture started to implement the summer fishing moratorium system in the Yellow Sea and the East China Sea.The system stipulates that a comprehensive fishing moratorium will be implemented in the East China Sea and the Yellow Sea from July 1 to August 31 every year while trawling and sailing fishing vessels are prohibited from entering 27°N to 35°S of the Yellow sea and the East China Sea to conduct fishery operations;from September 1 to October 31,trawlers may work in the area east of the 30-nautical-mile plow to the east in the no-fishing line of motor fishing vessels,but the system of checking the proportion of juveniles must be implemented.In 1998,on the basis of summing up practical experience,the Ministry of Agriculture amended the details of the 1995 Summer Fishing Moratorium System and launched the new fishing moratorium system.The new system extends the moratorium on fishing in the East China Sea and the southern part of the Yellow Sea to three months,while expanding the scope of moratorium on fishing.

3.2 Full implementation phase(1999-2009)

In order to further protect marine fishery resources and promote the sustainable development of resources,the Ministry of Agriculture proposed the target of"zero-growth"marine fishing plan output in 1999.In the same year,it decided to implement the summer fishing moratorium system at the north of 12°N of the South China Sea (including the Beibu Gulf),at zero o'clock on June 1 to 24 o'clock on July 31 each year,so far the marine summer fishing moratorium is implemented throughout China.

小编你们好，我现在是一名大专生，本来我的初中成绩是不错的，但是父母觉得上大学也不一定有出路，加上家里经济条件不好，所以让我来学技术，现在我觉得和身边的人格格不入，生活很消极，帮帮我。

4 The basic content of the system of the summer fishing moratorium

4.1 Time

(1)The Bohai Sea and the Yellow Sea north of 35°N are from 12 o'clock on May 1 to 12 o'clock on September 1. (2)The Yellow Sea and the East China Sea waters between 35°N and 26.5°N are from 12:00 on May 1 to 12:00 on September 16;the waters of the East China Sea at 26.5°N and up to the"boundary line between the sea areas of Fujian and Guangdong"are from 12 o'clock on the May 1 to 12 o'clock on August 16.Within the above sea area,the truss rod shrimp,cage pots,gill nets and light Wai(deposited)net fishing time for the May 1 at 12 o'clock to August 1 at 12 o'clock.(3)The waters of the South China Sea (including Beibu Gulf)at 12°N to the"boundary between Fujian and Guangdong sea areas"shall be 12:00 on May 1 to 12 o'clock on August 16.(4)The time limit for fishing after setting fishing operations shall not be less than three months,and the specifictime shall be determined by the competent department of fishery of the provinces,autonomous regions and municipalities directly under the Central Government and reported to the Ministry of Agriculture for the record.(5)The special fishing permission system for special economic varietiesshall be implemented after the approval of the specific species,operation time,operation type and operating area by the department of agriculture under the competent fishery department of the coastal provinces,autonomous regions and municipalities directly under the Central Government. (6)The fishery authorities of coastal provinces,autonomous regions and municipalities directly under the Central Government may,according to local conditions,formulate stricter measures for the protection of resources on the basis of national provisions.(7)"Boundary of Min-Yuehai Sea Area"refers to the boundary of sea area management between Fujian Province and Guangdong Province as well as the distance between the longshore coast of this line(117°31'37.40"E,23°09'42.60"N)and the Eluanbi Lighthouse at the southern tip of Taiwan Island(120°50'43"E,21°54'15"N)[1].

4.2 Scope

The Bohai Sea,the Yellow Sea,the East China Sea and the South China Sea(including Beibu Gulf)north of 12°N.

5 Analysis of the effect of the marine summer fishing moratorium system

5.1 Social evaluation

In order to better regulate the illegal fishing behavior,special legislation in this field should be paid attention to,and fishery should be incorporated into the legal system as soon as possible.Through the development of special laws,regulations or rules to further clarify thelegal responsibility of illegal fishing,from thelegal level to ensurethe sustainable development of fishing.

5.2 Legal evaluation

It is of great importance to ensure the growth and reproduction of fish stocks and to protect the fishery resources.The annual hottest season is the peak of the spawning of most economically important fish.During this period,the system of abstaining from fishing,on the one hand,can prevent fishermen from damaging fish spawning groups and ensure their normal spawning and hatching.The juvenile larvae can also safely grow and develop,and finally passthesensitiveperiod.On theother hand,theseawater temperature is higher in the hottest season.With abundant food,the fishes consume strongly,and the individuals grow rapidly.The implementation of the summer fishing moratorium system restores the total resources.An additional population has been added to keep the biomass of the population above the critical mass required to ensure sustainable replenishment.The fixed fishing moratorium not only provide sufficient space and timefor fish multiplication and juvenilegrowth,but also provideaclear and restorative growth of fishery resources.

6 The significance of the summer fishing moratorium system

6.1 The need to protect fishery resources

China's marine summer fishing moratorium system already has some legal theory and practical basis.For example,the Fisheries Law,the Environmental Protection Law and the Port Law,and the Action Plan for the Conservation of Aquatic Biological Resources issued by the State Council in 2006 all set forth specific provisions on fishing management during fishing moratorium,fishing vessels and fishing gear.These laws,administrative regulations,departmental rules and programs respectively relieve the reality problems of different degrees existing in the marine fishing during the moratoria period in China from the legal aspect.At the same time,they also reflect the legal effect of the moratorium on fishing in China.The rank is obviously not high,the departmental rules and regulations of the State Council,as well as the local laws and regulations of the provinces and the fishery policies of the government are dominant,and there is a lack of special legislation.However,through a small number of various legal norms to regulate the existing problems of the moratorium on fishing,it will inevitably lead to the over-fishing in China and the deteriorating marine environment.

6.2 The need to protect the marine environment

The moratorium is the need to protect the marine en vironment.During the fishing moratorium,fishery authorities at all levels limit the types of fishing gear and fishing methods that cause serious damage to juvenile resources.The damage caused by fishing gear such as trawls on the habitat of marine life decreased.Therefore,man-made destruction of fishing grounds can be effectively controlled within a certain time and space and the marine environment will be improved accordingly.

Among the seriesof fishery management policiesimplemented in China,the measures that with the largest scope and extent of influence and the largest number of fishermen involved is the summer fishing moratorium system.Since its implementation in 1995,the ensuing problems have also arisen.

The fishing moratorium system in the summer is one of the most important systems in the fishery management system and is of great significance to improving the quality of fishery enforcement and the quality of comprehensive law enforcement.Over 40 000 fishery law enforcement officers in China have worked hard on fishery management and law enforcement positions over the years.During the process of enforcing the law,they rigorously enforced the law enforcement procedures,severely cracked down on various fishing illegalities,and effectively protected the legitimate rights and interests of the vast number of fishermen.The quality of comprehensive law enforcement was significantly improved.

6.3 The need to promote the sustainable development of the ocean

As the breeding period and larval period of marine life are mainly in the summer of each year,the implementation of the summer fishing moratorium system effectively protected the spawning groups and larvae of marine living resources,increased the base of biological resources groups.At the same time,marine biodiversity has also been increased and the development structure of fishery resources has been improved.It is reported that the quality of shrimp,shuttle crabs and other fishery resources in the Yellow Sea and the Bohai Sea have been significantly improved after the fishing moratorium every year.The average resources of octopus in the East China Sea also increased significantly compared with those before the moratorium.In addition,fishery resources in both the South China Sea and the Beibu Gulf fisheries have been significantly recovered[2].

2.融合发展与单向嵌入发展的扬弃。维护和实现国家统一必然涉及中央与相关地方之间相对特殊的关系，在经济社会发展过程中自然产生单向性嵌入发展的模式惯性，如对边疆民族地区的“援建”、对港澳台地区的单向投入等。此类单项式政策有较强的针对性并取得了一定效果。但从长远来看，双方互动发展的不足制约了发展的可持续性，也难以在利益的一体性上得到深入和拓展。在这个意义上，融合发展是对单向嵌入发展方式的扬弃。通过积极的双向互动，融合发展打破以往受惠方与施惠方之间简单的二元关系，各方作为共同发展的主体身份被明确。同时，各方成为共同发展的参与者、共同利益的分享者，各方休戚以共的命运共同体意识得以培育。

6.4 The need to strengthen fisheries management and law enforcement

首先，对免耕播种技术概念认知不清。很多农民群众在具体农业生产过程中单一的将某一项看作是技术的全部，实际上，技术包含多种多样。由于对免耕播种技术认知上存在误区，导致技术在推广应用过程中过于单一，存在多种不规范之处，长此进行下去，势必会影响到先进技术的推广应用，甚至会进一步降低农民群众的应用积极性，使农技推广工作受到巨大影响。

7 China's fishing moratorium laws,regulations,and practice

7.1 Relevant provisions of China's seasonal fishing moratorium

Even after the implementation of the moratorium on fishing,illegal fishing activities are still repeated.During the fishing moratorium period,the spawning groups and young population of the major marine economic fish types in China's coastal areas recovered significantly.The yield and quality of the catch after the moratorium also increased.However,according to relevant monitoring data,there were still illegal fishing activities during the moratorium.The sustainable development of fishery resources cannot be realized in a short period of time.

7.2 The practice of China's seasonal fishing moratorium

In the early period of liberation,China's fishery was still in the early stage of development.The state adopted measures to support the development of fisheries,vigorously increased the number of fishing nets,and increased fishing power so that fishery production could be rapidly restored.However,from the late 1950s to 1960s,the issue of controlling fishing power has been neglected.Fishery production should have been controlled at the level of"zero growth."Instead,it pursued"positive growth"without stopping.As a result,its catch was subsequently out of control.Excessive exploitation of resources caused a significant decline in catches per unit of catches,despite the larger fishing effort.Until the 1990s,China's fishery entered a period of steady development.

7.3 The relevant provisions of the summer fishing moratorium in Liaoning Province

The implementation of the summer fishing moratorium system in Liaoning Province is mainly in accordance with the announcement of the Ministry of Agriculture about the summer fishing moratorium.

7.4 Practice of summer fishing in Liaoning Province

In recent years,the coastal fisheries departments in Liaoning Province have stepped up theirorganization and leadership,strengthened theirefforts in maritime law enforcement,and at the same time intensified education efforts to carry out joint maritime law enforcement with demarcate areas and fixed locations.Fishery law enforcement officers conscientiously perform their duties, strengthen contact with the land management department,report the daily maritime cruise law enforcement situation,and stabilize the order of sea fishing.The illegal fishing vessels seized shall be handled in a different place,and the fine shall not be allowed to be refunded.

Coastal cities in Liaoning Province,in accordance with the unified arrangements of the state and provincial governments,insisted on implementing the fishery management system of"leadership by local governments,dominated by territoriality principle,specific responsibility by the fishery sector,and coordination by public security and border guards",and other relevant departments fishery management system to ensure that the vast majority of fishing boats in the province to be on schedule to return to fishing,and stabilize the moratorium order.However,some local authorities have failed to supervise some of the fishermen.Some of the fishermen continue to engage in fishing despite the closure of the summer fishing.Some fishing vessels even enter the sensitive waters of North and South Korea and are arrested by maritime law enforcement agencies in South Korea and trigger fishery foreign affairs.

8 The summer fishing moratorium system problems and causes analysis

目前对食品、食品添加、转基因食品的风险认知研究很多，但针对保健食品的风险认知及影响因素分析的研究却相对较少。而在这些关于食品的风险认知研究中，其影响分析主要集中于概念知识与信任两个方面，对民众的信息搜索功能、信息来源等的影响因素分析较少。保健食品相对于食品来说，其信息、营养价值、保健功用等更容易引起民众的关注，而这些信息对民众来说却不是容易获得，在影响因素中加入对信息来源、信息搜索行为的变量，对理解民众对保健食品的选择与决策具有重要的作用。本文以信息来源途径作为一个变量，将更有助于理解民众对保健食品风险认知的产生机制和影响因素，帮助监管部门在制定保健食品监管措施时更有针对性。

8.1 Illegal fishing activitiesare repeated,the sustainable development of fishery resources is difficult to achieve

Throughout China's constitution and various departments'laws,it is not hard to find out that there are no direct provisions on such issues as the moratorium on snatch fishing,marine fishing and fishery resources.Related provisions such as Article 9 and Article 26 of the Constitution,although not specifically targeted constitutional provisions,these two provisions provide a principled basis for fishing and the negative consequences of overfishing.Article 340 of the Criminal Law stipulates the criminal responsibility for illegal fishing.Article 2 of the General Regulation of the Environmental Protection Law stipulates that the oceans and seas are part of the environment and therefore any act of polluting the seas and causing damage to marine resources should be governed by the Environmental Protection Law.It also shows that fishing,as a means of developing marine resources,and the damage to the environment and ecosystem caused by it should beregulated by theEnvironmental Protection Law.While emphasizing the protection of the marine environment and fishery resources,the law of environmental protection should also strengthen the norms of such behavior as fishing.

8.2 Serious pollution of the marine environment and poor protection of fishery resources

With the rapid development of coastal economy,the continuous expansion of ports and the expansion of shipping industry,the large-scale occupation of marine resources will undoubtedly lead to the deterioration of the marine ecological environment and eventually lead to the death of a large number of aquatic organisms.The initial purpose of the implementation of the summer fishing moratorium is to improve and restore the resources of coastal fisheries and protect the marine ecological environment.However,the coastal fishery had caused irreversible damage to the marine environment due to pollution and other factors.In some areas,after the summer fishing season,fishery resources are not easy to be improved,but the fishermen's initial fishing harvest has actually declined.

①保证气缸套安装位置凸出机体平面的高度合理，不能过高或者过低，达到机械设计要求。在维修过程中要文明拆装，按照要求拧紧气缸套的螺母。

8.3 The fishermen's income increase is not obvious,and the supportive policies are insufficient

Due to the implementation of the summer fishing moratorium,the loss of fishermen and fishing vessels in the fishing season have not yet been considered.The opportunity cost of the conversion cannot be calculated or compensated.In addition,due to the lack of political and legal support policies,the fishermen's income during the fishing moratorium is not obvious.In addition,rising international oil prices,rising fishing costs and declining catches will result in limited or even relatively reduced actual fishermen's incomes.

8.4 Excess fishing capacity,fishing vessels and fishing port management is difficult

In recent years,due to the large scale increasing of fishing vesselsand the improvement of fishing technologies,the fishing intensity far exceeds that of fishery resources,resulting the persistent decline of fishery resources which is difficult to change in the short term.Although implementation of the fishing moratorium has achieved a chance of recuperating the fishery resources,thefishery resourcesin thefishing moratorium have been improved only slightly.However,due to excess fishing capacity,the fishing port management system is not in place and even driven by the interests.After the fishing moratorium,the fishing intensity not only failed to be effectively controlled,but the trend of rapid recovery has emerged.Thus the rapid recovery of fishery resources can not be achieved in the short term.

8.5 The fishing system is not perfect and has not been legalized

Due to the lack of predictable and systematic legislative planning for the moratorium on fishing and rest moratorium,the penalties for illegal fishing activities are lax,the relevant laws and regulations are not feasible,the law enforcement tools are backward and measures are not implemented,all resulting in low effect of law enforcement.For example,some fishers are caught using the outdated traditional tools during the summer fishing season,leading to the return of some non-compliant fishing gear to the market.In addition,fishermen go to sea during the fishing moratorium and trawling in illegal fishing areas.

9 The countermeasures and suggestions for improving the legal system of seasonal fishing in the Bohai Sea

In order to better protect the fishery resources and the marine environment in the Bohai Sea,maximize the interests of fishermen,promote the effective enforcement of fisheries authorities and enhance the efficiency of fishery enforcement,and finally achieve the sustainable development of fishery economy and protect the marine ecological environment,we should improve the legal system for fishing moratoriums.

9.1 A clear legal responsibility for illegal fishing

Since the implementation of the summer fishing moratorium system,the conservation of fishery resourcesand theprotection of themarineenvironment havenot only strengthened their awareness but also gradually become a kind of conscious behavior and achieved good social effects.At the same time,in order to meet the actual needs of fishermen in coastal cities,the competent fishery departments at various levels actively create conditions and make full use of the fishing moratorium to provide trainings for the vast number of fishermen,which not only improves the overall quality of fishermen,but also enhances fisheries production safety awareness and enriches fishermen cultural life.From the concept of fishing in traditional fisheries to the multi-directional concept of development nowadays,the majority of fishermen took the initiative to adjust to the structure of fishing,which not only accelerated the rational utilization of fishery resources and resources development in distant fisheries,but also made remarkable achievements in promoting economic development.

如图7所示，由于倾斜状金属矿体赋存地质环境特点，矿体与围岩介质弹性波速度差异小，地震波在矿体界面时反射能量不够强，振幅较小。地震波同相轴有错断和扭曲，在矿体边界处及尖角处波形凌乱。

Specifically,the responsibility of illegal fishing should be clarified.Illegal fishing behavior,that is,as the perpetrators of illegal use of nets,resulting in the waste and destruction of fishery resources.The main body of illegal fishing is fishery fishermen.However,it should be pointed out that the main body of responsibility for illegal fishing should not be confined to the single responsibility of fishermen engaged in fishing activities,but should also include natural persons,legal persons and others who produce and sell non-national standard nets.Because the most direct regulatory measure of illegal fishing is to strictly regulate the manufacture and use of fishing gear,including not only direct users,but also manufacturers and sellers.All these types of subjects should bear legal responsibility for the waste and destruction of fishery resources caused by illegal fishing as well as the damage suffered by the marine environment.In addition,the fishery administrative department and the person directly responsible for the crime should also bear the corresponding legal liability to the manufacturer,sellers,users and other acts that neglect their duties,lax supervision or indulge the illegal tools.

9.2 To strengthen the legal management of the marine environment

So far,there are many gaps in the legislation of the sea in China.There are very few legislation in the field of legal management of the marine environment.Therefore,it is suggested that the"Law on the Prevention and Control of Marine Pollution"should be formulated so as to carry out special legal treatment on the pollution of the marine environment.In addition,when formulating the corresponding administrative laws and regulations,special chaptersshall beestablished to regulatemarineenvironmental pollution control behaviors so as to make the marine environmental prevention and control more specialized and specific,and finally to form a scientific,reasonable and complete governing the pollution of the marine environment law system.

花样游泳刚刚进入1984年奥运会时，比赛的结果是：美国队获金牌，加拿大队获银牌，铜牌则被日本队的两名选手夺去。以后由于俄罗斯和中国这些大国的加入，花样游泳开始迅速发展，每一届的名次争夺另有一番激烈景象。

气则是构成具体事物的材质，具体物皆气造而成，但气的造物必有理为其依据。理是一类事物的形式，气是构成事物的质料。理气无时间上的先后，但有逻辑上的先后，因为理是超时空的永恒存在者，气是时空中的变化者。太极中有动静之理，气因此理而有实际的动静。此气中之理，就是此事物的性。不唯人有性，物亦有性，“天下无性外之物”(《朱子语类》卷四)。

9.3 To establish a legal system for compensation and subsidy for fishing fishermen

The government should increase the funds for fishing closed areas,set up a legal system for fishing allowances and subsidize the life of fishermen during the moratorium,ensure the stable development of the fishing moor area and ensure that the fishing moratorium measures are in place.At the same time,in order to maintain a stable order during the moratorium,the government can set up rewards and punishments to assess the performance of fishermen and form a complete incentive mechanism to enhance the enthusiasm of fishermen in implementing the moratorium on fishing.In addition,in order to promote the majority of fishermen during fishing moratorium consciously abide by the law,for those who violate the laws and regulations or who are not subject to the administration of fishery agencies,sanctions can be imposed on the basis of specific circumstances,and subsidies can be deducted,and those who are severely punished can be disqualified.

9.4 To increase the legal provisions of fishing gear management

Technical regulations and legal provisions on the management of fishing gear should be added.Strengthen the construction ofinformation technology equipmentand management system of fishing vessels and fishing ports from the legal aspect,improve the management database of fishing vessels,popularize and apply techniques such as BeiDou navigation,automatic ship identification,satellite communication and radio frequency identification;implement the dynamic monitoring of fishing vessels and fishing ports,strengthen the communication of information between fishing vessel management and law enforcement,realize the dynamic management of fishing vessels,fishing ports and crew.At the same time,the fishery administrative departments at all levels should be organized to carry out education and practical training on the application of information technologies and their supporting laws and regulations,severely crack down on illegal vessels,severely punish the production of fishing gear that did not comply with the regulations,through the dismantling,destruction,transformation and other means to conduct a unified focus on the disposal of substandard fishing gear[3].

9.5 To raise the system of fishing moratorium to the legal level

We will further rationalize the fishery law enforcement system and raise the legal system for the fishing moratorium.Governments at all levels should,as soon as possible,incorporate fishery law enforcement teams in the civil service or in the light of the civil service system,and strictly handle illegal and law-abiding law enforcement officers in accordance with the Civil Servants Law.In addition,a special fund can be set up during the summer fishing season to prevent thefishery law enforcement agenciesfrom affecting their normal management due to the lack of law enforcement funds.Finally,we will gradually unify fishery law enforcement operations around the country and establish a nationwide common work standard and equipment construction standard for fishery law enforcement to guide the implementation of fishery law enforcement at all levels.

References

[1] Ministry of Agriculture and Rural Affairs of the People’s Republic of China,Circular of the Ministry of Agriculture on the Adjustment of the Offshore Fishing Cessation System in the Offshore Season[R].(2018-04-26).http://english.agri.gov.cn.

[2] Wang Xiyuan,Marine ecological fishing:the optimization direction of summer closed fishing in China[J].Chinese Fisheries Economics,2012(2).

[3] Qu Yanan,Pei Zhaobin,Yang Siting,Legal Consideration on China's Marine Summer Fishing Moratorium System In the Perspective of Sustainable Development[J].Ocean Development and Management,2018(9):17-26.