- Email: [email protected]
Coastal zone of PR China
Coastal zone of PR China Management approaches and institutions
Fan Zhijie and R.P. C&b
As far as the development of the ocean is concerned, China is behind the more developed countries. Resources of the Bohai, Huanghai, Donghai and Nanhai Seas (Figure 1) have been only partially exploited. The resource base includes 2.7 x 10’ hectares of continental shelf, 2.8 x 10’ hectares of fishing ground and 4.9 x lo4 hectares of mariculture areas.’ However, damage attributable to the exploitation of the coastal resources is already being noticed. According to a definition adopted by the State Oceanic Administration, the coastal zone is a narrow strip encompassing an area 15 kilometres inland from the shoreline and 15 kilometres seaward from Fan Zhijie is with the Institute of Marine Environmental Frot~tion, State Oceanic the coastline.2 C&o3 calculates that the coastal zone represents 5% of Administration. PO Box 303. Dalian, PR the total area of China or approximately 4.7 X 10’ square kilometres. China, R.P. dote is with the School for The coastal population represents 17% of the total population in China; Resource and Environmental Studies and Marine Affairs Program, Dalhousie Unithere are 27 cities (over 100 000 people) and more than 40 000 versity, Halifax, Nova Scotia, B3H 3T5 factories.4 The coastal waters receive 64 x lo8 tons of industrial and Canada. domestic waste water annually which contain 130 000 tons of oil ‘J.M. Liu ‘On the problems of marine pollutants, 50 000 tons of heavy metals and 6 940 000 tons (in terms of environmental management of our counchemical oxygen demand) of organic matter.5 In addition 1 790 000 tons try’, Haiyang Huanjing, Kexiu, Vol 2, NO 2, of pesticides and 2 680 000 tons of fertilizer are used in agriculture in the 1986, pp 14. *State Oceanic Administration, ‘Guidelines coastal zone each year and it is inevitable that some of those substances for surveying the coastal zone in China’, will run off into the coastal environments. Lu6 reports contamination of Oceanic Press, Peking, 1985. marine fish by DDT and gammexane in several areas (Table 1). Clearly 3F. Guo, ‘The development of marine environmental science for protecting land-based sources are major contributors of pollutants to the coastal marine resources’, Haiyang, ~uanjin~ waters of China. Kexiu, Vol 10, No 2, 1986, pp 14. 4F. Guo, ‘The development of marine These discharges have caused serious pollution problems with environmental science for protecting consequent economic impacts. The polluted areas constitute one third marine resources’, Haiyang, Huanjing of the total surveyed area according to a report by Shi.’ The area Kexiu, Vol 10, No 1, 1986, pp 14. ‘Zhiiie Fan. ‘Marine pollution legislation in surveyed extended to a distance of 35 kilometres from the coastline. Not China: retrospects and prospe&‘, Marine surprisingly, the most seriously polluted areas are located mainly in the Pollution Bulletin. Vol 20. No 7. 1989. DD . bays and ports especially near the coastal cities. Pollution problems 301-305. continued on p 306 have damaged the fishery, mariculture and threatened the livelihood of This article reviews and examines the present management structures, legal regime and institutional constraints applicable to the management of China’s coastal zone. It reviews the problems besetting the drafting and implementation of the state coastal zone management law in some detail. Some lessons are drawn from this experience and suggestions are offered to improve the current management regime.
BOB-597~90/040305-~
0 @J 1990 Butte~o~h-Heinemann
Ltd
305
Jinzhou
0
40” a
Tianjrng
35”-
30” Map of Chrna wrth expanded dotted lanes
area In
25”-
Quangzhou.
Nanhal' Sea Figure 1.
Chinese
seas.
continued from p 305 “C.H. Lu, ‘Pollution survey of marine benthos in the coastal waters around Hainan Island’. Haiyang Huanjing Kexiu, Vol 7, No 1, 1988, pp 15-21. 7E.H. Shi, ‘Coastal marine pollution problems’, Haiyang Huanjing Kexiu, Vol 1, No 1, 1982, pp 13-26. ‘Zhijie Fan, ‘Levels and trends of oil pollution in the Bohai Sea’, Marine PO//Ution Bulletin, Vol 19, No 11, 1988, pp 572-575.
306
fishermen who rely on those resources. For example, the richest fishery in the Bohai Sea has been detrimentally affected by po1lution.8 These impacts are the result of inadequate environmental protection practices and the absence of a comprehensive approach to the management of resources and their uses in the coastal zone. However, China is a developing country which has accumulated some experience in the planning and management of coastal activities. As such it has also learned some lessons. With the rapid development of new policies which have been implemented since 1978, the exploitation of coastal resources has accelerated. The issue then is to manage these activities so that lessons are derived from past mistakes. In this article
MARINE
POLICY July 1990
Coastal zone of PR China: management approaches and institutions Table 1. Concentrations of DDT and gammexane in marine fish in mg/kg wet weight.
Hainan Island Bohai Sea Zhujiang Estuary
DDT
Gammexane
0.0043 0.0656 1.3235
0.0074 0.2349 0.8054
Source: C.H. Lu, ‘Pollution survey of marine benthos in the coastal waters around Hainan Island’, Haiyang HuanjiflgKexiu, Vol 7, No 1, pp 15-21. 1988.
Fan, ‘Coastal zone of the Bohai Sea: resources and pollution’, Coastal Zone 89, in press, 1988. ‘Zhijie
the present approaches and institutions are reviewed terms of their suitability to provide a comprehensive management of the coastal zone.
Management
structures
The coastal management system and structures in China have been gradually established and strengthened as coastal activities have developed.’ However, while marine transportation, fishery exploitation, marine engineering, extraction of sea salt, marine defence and scientific research have been accelerating in recent years, coastal zone management has not kept pace. Institutionally the most important event in the effort to manage the coastal zone was the establishment of the State Oceanic Administration (SOA) in 1964 which was under the direct leadership of the State Council. The latter is the senior policy and law-making body of government. Standing working bodies for activities such as marine geology and oil exploitation were also established but under the leadership of other ministries. There are currently many ministries and departments which promote coastal activities and have management functions for defence, transportation, fishery, hydrocarbon exploitation, geology, shipbuilding, environmental protection and public security. The management functions of these ministries engaged in the administration of coastal activities are listed in Table 2. It can be noted in Table 2 that, with the exception of SOA and perhaps the Environmental Protection Office of the Ministry of Urban and Rural Construction and Environment Protection, the management functions of these ministries are exercised largely on a sectoral basis. In recent years some intersectoral coordination has been attempted as marine activities gradually come under the jurisdiction of the State Council. The relationships of the agencies are shown in Figure 2. Table 2. Key agencies involved in the administration responsibilities. Management
State Oceanic Administration
Coordinate marine activities; conduct investigations, scientific research, policy making, develop legislation and long-term planning; organize and take pan in international matters relating to the ocean; take responsibility for prevention of oil pollution and ocean dumping pollution.
Ministry of Communications
Manage navigation including inspection of ships, harbour superintendency administration, marine traffic safety: examine crews of merchant ships; piloting; channel equipment: rescue and salvage: safety command; marine environmental protection.
Ministry of Farming, and Fishing
Manage fishery including ports, fishing ground, fishing vessel inspection; license fishermen: deal with fishing disputes; protect the environment in fishing ports and fishery resources.
Forestry
function
Control smuggling.
Public Health Ministry
Manage quarantine.
Ministry of Public Security
Take responsibility for marine defence and security; protection of fishery; navigation and sailing channels: map sea: publish charts.
Ministry of Urban and Rural Construction and Environment Protection
Control and prevent coastal marine environmental construction practices on land.
Oil Ministry
Develop cooperative arrangements with other countries exploitation of offshore oil resources.
Ministry Electricity
POLICY July 1990
of coastal activities in China and their
Competent authorities
General Customs Office
MARINE
and examined in framework for
of
Water
and
Develop and manage marine hydroelectric and inspect water supply facilities.
Ministry of Light Industry
Manage extraction of sea salt.
Meteorological
Provide meteorological
Bureau
problems from
resources,
in the manage
services.
307
Coastal zone of PR China: munage~ent
approaches
and in~ii~ution~ 1
State
Planning
Council
State Antarctic Committee
Survey
National
Coastal
Planning
Department
--!
I I
Zone
Commjssionef
Figure 2. Some line management, coordination and information responsibilities of the State Oceanic Administration. Line management ----Coordination and
Foreign
Other Ministries, Bureaus Sino-academy
information
Affairs
-4
Office
______.--
.._------
I I I I I I
Figure 2 underscores the fact that overall coordination is becoming the principal task of SOA. The most important coordinating functions are undertaken by setting up permanent offices or committees such as Marine Commissioner of the State Planning Council and the National Coastal Zone Workshop. In addition, SOA also has divisions responsible for developing linkages with other institutions involved in management of other marine activities. The divisions of the State Oceanic Administration are listed in Table 3. Generally speaking, the current management approach for marine activities in China is a conventional one involving division of management on a sectoral basis with responsibilities assigned to individual ministries but with coordination applied by a central agency, ie the state Oceanic Administration. At present, the degree of coordination and influence of the SOA is very weak and a comprehensive framework is still not in place as far as coastal zone management in China is concerned. This situation cannot continue in light of the increasing pace of development of coastal activities in China. The main problems fall into four main areas.
Table 3.
The divisions
of the State Oceanic
of National Planning
Marine Commissioner Science Council
308
and their management
functions.
Function
Division Department
Administration
of State
National marine development
Antarctic investigation Workshop
Antarctic survey
Environmental Department
Marine environmental investigations
Protection
planning
Marine Research
protection,
monitoring and
Foreign Affairs Office
Maritime foreign affairs advising Ministry of Foreign Affairs
Marine Information
Information
Centre
and archives
Marine Technical Research Centre
Instruments,
Marine Environmental Forecasting Centre
Monitoring and forecasting of marine environments eg sea state, meteorology pollution indices
standards meteorology
Policy Study Division
Investigation
Oceanic Press
Publication of marine journals and books
and study of marine policy problems
Society of Oceangraphy
National marine scientists
MARINE
POLICY July 1990
Coastal zone of PR China: management approaches and institutions
1.
Due to the lack of a comprehensive and fully coordinated management approach, development projects are considered individually and therefore are not fully assessed in terms of national economic planning and social development; there are as yet no general objectives and policy planning for the management of the coastal zone. As a result, for example, marine scientific and technological information is not utilized effectively in development planning. The consequence is that rational development of coastal resources will not occur and additional social economic benefits may not be generated. 2. The goals and objectives of the individual institutions involved have not been rationalized. The current division of responsibilities without strong coordination has caused overlaps in research and investigations, wasted expenditures of labour and money, and disputes between institutions engaged in marine management. 3. With sectoral responsibilities assigned to individual ministries, administrative responsibilities are scattered and cannot provide effective management of the coastal zone; with ship management for example (Table l), there are six ministries with management responsibilities for some functions of shipping, which is ineffective and inefficient in practice. 4. Several laws have not yet been promulgated, for example the Coastal Zone Management Law, the Exclusive Economic Zone Law, and the Continental Shelf Law. Therefore, it is very difficult to establish an effective system to manage these areas. It is worth noting that there is a dichotomy in the management of coastal activities which is now becoming evident in China as it has in many other countries. On the one hand, the sectoral institutions put forward proposals to strengthen and expand their individual functions, whether they be shipping, fisheries or hydrocarbon exploitation, while on the other hand there is also a recognition that optimizing the social and economic benefits of the coastal zone requires more coordination and a comprehensive overview. As a result, human and financial resources may be wasted in the bureaucratic battles associated with establishing responsibility and obtaining resources. China is a developing country and cannot afford this wastage. Therefore, it is crucially important to improve current approaches and promulgate the Coastal Zone Management Law clearly setting out overall goals and objectives.
Legislative background In recent years, a number of laws and regulations concerned with aspects of the management of the coastal zone have been promulgated, such as the Marine Environmental Protection Law (1983), the Regulation for Environmental Protection of Offshore Oil Exploitation (1983), the Regulation for Preventing Ship Pollution (1983), the Regulation for the Management of Ocean Dumping (1985), the Fishery Law (1986), the Marine Traffic Law (1986), the Marine Mineral Resources Law (1986), the Land Management Law (1986) and the Water Resources Management Law (1987). Other laws and regulations such as the Natural Conservation Law and the Land Protection Law are currently being written and will be promulgated at some time in the future. These and other laws, regulations, and rules have specific provisions regulating activities in coastal areas (Figure 3). They have addressed the MARINE
POLICY July 1990
309
Coastal zone of PR China: management approaches and institutiorts
1 Maritime
Figure Note:
I
3.
Laws respectively;
[Specific laws and regulations] I
space law and regulations
Laws and regulations
concerned
with coastal zone management
in China.
and Regulations of the National symbols
a, b, and c represent
People’s Congress, State Council and Ministries are in the first, second promulgated, under development and unpromulgated laws and regulations,
and third rows, respectively.
and exploitation of resources in the coastal zone and its adjacent areas at least in part. As a result of the implementation of these laws, the quality of the coastal zone has improved, particularly since the implementation of the Marine Environmental Protection Law. Taking the Bohai Sea as an example, the average oil concentration was as high as 125 parts per billion (ppb) in 1977 and has now been reduced to 13 which can be gained highlight the ppb in 1988. I” The benefits importance and urgency of the development and subsequent implementation of marine legislation in China. In recent years, preservation management
“Zhijie Appendix National 1. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12. 13. 14.
Fan, ibid. to Figure 3. Laws, regulations People’s
Congress
Coastal Zone Management Law; Territorial Waters and Contiguous Zone Law; Exclusive Economic Zone Law; Continental Shelf Law; Fishery Law; Water Resources Management Law; Oil Exploitation Law: Marine Environmental Protection Law; Marine Traffic Safety Law; Maritime Law; Harbour Law; Customs Law; Regulations of Terntory Health Quarantine: Marine Scientific Research Management Law.
and rules identified State Council 1’. 2’. 3’. 4’. 5’. 6’. 7’. 8*. 9’. 10’.
11’. 12’. 13*. 14’ 15’. 16’
in Figure 3, the current
legal framework
Laws and Regulations
Statements of Territonal Waters; Regulations for Foreign Non-military Vessels Sailing Through the Qongzhou Straits; Regulations for Protecting Breeding and Aquatic Resources; Regulations for Cooperative Exploitation of Offshore Oil Resources with Foreign Countries; Regulations for the management of Ocean Dumping; Regulations for Preventing Merchant Ship Pollution; Environmental Protection Management Regulations of Offshore Oil Exploitation; Management Rules of Rescue for Sinking Ships; Management Regulations of Foreign Merchant Ships; Regulations of Non-motorized Vessels; Marine-River Navigation Rules: Regulations of Navigation Channel Management; Provisional Regulations of Harbour Management; Provisional Customs Law; General Inspection Rules of Export and Import Merchant Ships: Detailed Rules of the Implementation of Territory Health Quarantine.
for coastal
Ministerial
zone management.
Regulations
1’ * 2’ * 3’ * 4 ’ 5’ * 6
Provisional Regulations of Fishery Management; Seawater Quality Criteria for Fishery;
7’ f
Rules for Piloting ships in the Harbour;
8’ * 9
Signal Regulations
*
f
Information Management shore Oil Resources: Seawater Quality Criteria;
Rules
of Off-
Regulations of Investigation and Treatment of Marine Acctdents; Navigation Regulation in the Fog;
in the Harbour;
ProvisIonal Regulations of Arbitration Procedures of the Maritime Arbitration Council
MARINE
POLICY July 1990
Coastal zone of PR China: management approaches and institutions
of natural areas and species has been recognized as important. Conservation places for the Pallas pit viper and migratory birds have been set up in the coastal zone. The importance and special nature of the coastal zone is increasingly recognized by the institutions as a result of research, the coastal zone survey, resource exploitation, policy development and legislative initiatives. While advances have been made, there is also a developing awareness of the potential for sectoral conflicts and cumulative impacts of increasing development projects. All of these appear to have laid a solid foundation for the establishment of comprehensive coastal zone management approaches and legislative systems. As early as 1978, the large ‘Multipurpose Investigation for Planning of the National Coastal Zone Resources’ project was approved and initiated by the State Council. The development of the Coastal Zone Management Law (CZM Law) for rational coastal management was also proposed at the same time. In 1983, the State legislative body listed the CZM law as under consideration. A drafting committee was set up during the same year under the leadership of SOA and supervised by the State Planning Council. Many marine scientists, economists, jurists and coastal zone managers worked together and carried out extensive studies to support the drafting of the new law. Among other goals, the law would establish standards which would be adopted by other state and local government agencies. Management and protection of the natural environment, including the coastal zone, is a matter of shared responsibility involving many ministries and departments of the State as well as provinces, autonomous regions, municipalities and local communities. The relationships of the different levels with regard to the management of the coastal zone have not yet been fully elaborated and the long history of the relationships in China means that changes will not be made easily.” A management model which cannot be actually implemented in practice is useless; on the other hand, it is also unacceptable to apply a system which can be carried out in practice but which does not adequately consider social, environmental and economic implications. The current proposal which seems to have both practicality and economic efficiency is that the original legal authorities and basic regulations will not be greatly changed but that overall coordination will be enforced on the original management structures. Thus the drafting plan of the Coastal Zone Management Law emphasizes two fundamental aspects, institutional structures and management procedures. Institutional
“Qu Geping and Li Jinchang, ‘Environmental management’, in Managing the Environment in China, Tycooly Publishing, Dublin, 1987, p 212.
MARINE
POLICY July 1990
structures
It is essential to set up an effective and efficient structure. The establishment of new organizations at different levels of government must take into account the conditions which prevail and the nature of the coastal zone resources in each geographical and political area thereby permitting some flexibility. The establishment of new organizations should also take into account the results of the multi-purpose investigations initiated in 1978. It is expected the provisional organizations which have been established will be changed into permanent organizations after a period of time has elapsed based on the experience gained. The duties of those organizations will gradually change from investigation
In future,
into
management.
those organizations
will be the models
for the coastal
zone
311
Coastal zone
of PR China: management approaches and institutions agencies of the local government, which do not exist at present in China. At the national level, the CZM system may well consist of different ministries coordinated by a central agency, but at the local level, it may be more effective to create one competent institution with overall responsibility. The relationships between the national coastal zone management organization and the other ministries can be interpreted by local authorities according to their own conditions. The establishment of those organizations is both in accordance with the stated objectives and the need for practicality. Even though CZM law and regulations of both state and provincial governments have not been promulgated, various coastal administrative bodies have been set up at both the state and the provincial level. Management procedures The reform of management authorities must be assisted by special administrative procedures. The CZM Law will overlap with those present laws and regulations dealing with territorial land resources. Therefore, procedures must be established to ensure that the implementation of the CZM Law is integrated with the present laws and regulations. The existing management authority and basic procedures have not been greatly altered in the draft CZM Law. The main task envisioned for the coastal management organizations is the overall coordination of existing efforts and strengthening of the management system in order to ensure the objectives are satisfied. Some coastal provinces stipulate through governmental decree that every institution must get permission from coastal zone management organizations in dealing with the coastal zone problems when implementing the present laws and regulations. This method of conferring new power is both feasible and jurisdictionally sound. The Coastal Zone Management Law has therefore been written so as to permit SOA to assign responsibilities to other organizations and levels and thus it should also be regarded as an important reform step. In ensuring that the procedures are effective, the coastal zone management organizations will also undertake their own functions. These include environmental monitoring, baseline studies and research, formulating plans, examination and approval of local level plans, establishment of criteria, preparation of detailed rules and regulations, and information services. Through those activities and the coordinating management of SOA, the implementation of CZM Law, regulations and management objectives should be guaranteed. Action at the state level prompted Jiangsu Province to promulgate the Provisional Regulations of CZM in 1985. Similar regulations and rules are being drafted in Liaoning and Shandong Province. Thus the State initiatives have already resulted in positive efforts in other Chinese jurisdictions. Two further developments with positive impacts on administrative procedures should be noted: 1.
312
Intersectoral linkages are being strengthened. In order to develop and draft the State CZM Law, all competent institutions, which normally act unilaterally within their own sphere of influence, collaborated and exchanged views about the CZM legislative problems. As might be expected, the new CZM law will probably not be entirely accepted by all institutions. Nevertheless, the objectives can be broad enough to cover each institution’s horizons in dealing with the coastal zone problems. Moreover, each of the
MARINE
POLICY July 1990
Coastal zone of PR China: management approaches and institutions
2.
competent institutions has common interests in achieving social and economic benefits from the development of coastal resources. The difficulty is that these institutions do not always realize that the use or extraction of one resource may detrimentally impact on the use of another resource. Regional legislative activities have been enhanced by the process of drafting state CZM Law. For example, coordinating efforts are being studied among four provinces under an umbrella called the Coordinating Development Committee of the Bohai Sea. This is viewed as a very important initiative” and may provide a model for other areas.
Through the legislative drafting process for the CZM Law, specific clauses of the CZM Law have been added to the general laws and regulations already in existence such as the Coastline Protection Law and Marine Environmental Protection Law as well as some regional CZM Laws for harbours, and estuaries, bay and some specific laws and regulations. Thus it can be seen that even though the CZM Law has not been promulgated, it is acting as a catalyst in extending the already implemented laws and regulations at the national level,
Conclusion
“Zhijie, Fan, op tit, Ref 9. ‘%. Kelly, R.P. C&B, B. Nicholls and P. Ricketts, ‘Developing a strategic assessment and planning framework for the marine environment’, Journal of Environmental Management, Vol 25, 1987, pp 219-230. ‘%.P. CiW and H. Hirvonen, ‘Control strategies for the protection of the marine environment’, Marine Policy, Vol 10, No 1, January 1986, pp 19-28. ‘%uing-nan Meng, Land-based Marine Pollution: lntemational Law Development, Graham and Trotman, London, 1987.
MARINE
POLICY July 1990
The national coastal zone survey has been completed for more than two years. Coastal zone legislation, management institutions and procedures and the research in support of them are seen as critical to the resolution of coastal problems in China today. There will be an ongoing assessment of the most feasible and effective plan until the State Coastal Zone Management Law is officially promulgated. Local and regional legislation and institutions can be expected to improve as more experience is gained. In addition, detailed regulations and standards must be completed and these must then be adopted by appropriate agencies. These include restrictions on the exploitation intensity in sensitive areas, impact assessment procedures for coastal areas, environmental capacity studies, site selection procedures for industries, etc. Clearly many questions and problems need to be addressed in the future to put an effective management system in place. Given the success noted already at the local and regional levels, there is merit in building a CZM system from the local level up to the State level once overall objectives have been established in law. In so doing pilot projects can be undertaken at the local and regional level and evaluated for applicability elsewhere. In this regard, the coordinating effort underway for the Bohai Sea should be carefully monitored. Key aspects yet to be addressed are the rationalization of competing objectives and uses and priority setting exercises for research, pollution control efforts, and for monitoring programmes. A hierarchy of environmental planning and assessment including the strategic or regional impact assessments as described by Kelly et a/l3 may permit rationalization of objectives and better coordination of efforts among competing sectoral interests and be applicable in China. In addition, strategies for the control of land-based sources of pollutants as described by Hirvonan and C6tC14 and the legislative regime described by Meng” must be assessed for their applicability in China. Clearly, the establishment of coastal zone management law is a very complex problem in China as elsewhere. Careful attention must be paid to
313
Coastal zone of PR China: management
approaches and institutions
lessons and experiences of foreign countries while keeping the specific Chinese cultural and institutional conditions in mind. It is noteworthy that competent institutions in China especially concerned with coastal zone management have begun to use sustainable development theory and systematic methods in order to give full consideration to the relationships between natural resources and economic benefits in dealing with the problem of exploitation in the coastal zone. This process must be accelerated in view of the increased use of the coastal zone.
314
MARINE
POLICY July 1990
Fan Zhijie and R.P. C&b
As far as the development of the ocean is concerned, China is behind the more developed countries. Resources of the Bohai, Huanghai, Donghai and Nanhai Seas (Figure 1) have been only partially exploited. The resource base includes 2.7 x 10’ hectares of continental shelf, 2.8 x 10’ hectares of fishing ground and 4.9 x lo4 hectares of mariculture areas.’ However, damage attributable to the exploitation of the coastal resources is already being noticed. According to a definition adopted by the State Oceanic Administration, the coastal zone is a narrow strip encompassing an area 15 kilometres inland from the shoreline and 15 kilometres seaward from Fan Zhijie is with the Institute of Marine Environmental Frot~tion, State Oceanic the coastline.2 C&o3 calculates that the coastal zone represents 5% of Administration. PO Box 303. Dalian, PR the total area of China or approximately 4.7 X 10’ square kilometres. China, R.P. dote is with the School for The coastal population represents 17% of the total population in China; Resource and Environmental Studies and Marine Affairs Program, Dalhousie Unithere are 27 cities (over 100 000 people) and more than 40 000 versity, Halifax, Nova Scotia, B3H 3T5 factories.4 The coastal waters receive 64 x lo8 tons of industrial and Canada. domestic waste water annually which contain 130 000 tons of oil ‘J.M. Liu ‘On the problems of marine pollutants, 50 000 tons of heavy metals and 6 940 000 tons (in terms of environmental management of our counchemical oxygen demand) of organic matter.5 In addition 1 790 000 tons try’, Haiyang Huanjing, Kexiu, Vol 2, NO 2, of pesticides and 2 680 000 tons of fertilizer are used in agriculture in the 1986, pp 14. *State Oceanic Administration, ‘Guidelines coastal zone each year and it is inevitable that some of those substances for surveying the coastal zone in China’, will run off into the coastal environments. Lu6 reports contamination of Oceanic Press, Peking, 1985. marine fish by DDT and gammexane in several areas (Table 1). Clearly 3F. Guo, ‘The development of marine environmental science for protecting land-based sources are major contributors of pollutants to the coastal marine resources’, Haiyang, ~uanjin~ waters of China. Kexiu, Vol 10, No 2, 1986, pp 14. 4F. Guo, ‘The development of marine These discharges have caused serious pollution problems with environmental science for protecting consequent economic impacts. The polluted areas constitute one third marine resources’, Haiyang, Huanjing of the total surveyed area according to a report by Shi.’ The area Kexiu, Vol 10, No 1, 1986, pp 14. ‘Zhiiie Fan. ‘Marine pollution legislation in surveyed extended to a distance of 35 kilometres from the coastline. Not China: retrospects and prospe&‘, Marine surprisingly, the most seriously polluted areas are located mainly in the Pollution Bulletin. Vol 20. No 7. 1989. DD . bays and ports especially near the coastal cities. Pollution problems 301-305. continued on p 306 have damaged the fishery, mariculture and threatened the livelihood of This article reviews and examines the present management structures, legal regime and institutional constraints applicable to the management of China’s coastal zone. It reviews the problems besetting the drafting and implementation of the state coastal zone management law in some detail. Some lessons are drawn from this experience and suggestions are offered to improve the current management regime.
BOB-597~90/040305-~
0 @J 1990 Butte~o~h-Heinemann
Ltd
305
Jinzhou
0
40” a
Tianjrng
35”-
30” Map of Chrna wrth expanded dotted lanes
area In
25”-
Quangzhou.
Nanhal' Sea Figure 1.
Chinese
seas.
continued from p 305 “C.H. Lu, ‘Pollution survey of marine benthos in the coastal waters around Hainan Island’. Haiyang Huanjing Kexiu, Vol 7, No 1, 1988, pp 15-21. 7E.H. Shi, ‘Coastal marine pollution problems’, Haiyang Huanjing Kexiu, Vol 1, No 1, 1982, pp 13-26. ‘Zhijie Fan, ‘Levels and trends of oil pollution in the Bohai Sea’, Marine PO//Ution Bulletin, Vol 19, No 11, 1988, pp 572-575.
306
fishermen who rely on those resources. For example, the richest fishery in the Bohai Sea has been detrimentally affected by po1lution.8 These impacts are the result of inadequate environmental protection practices and the absence of a comprehensive approach to the management of resources and their uses in the coastal zone. However, China is a developing country which has accumulated some experience in the planning and management of coastal activities. As such it has also learned some lessons. With the rapid development of new policies which have been implemented since 1978, the exploitation of coastal resources has accelerated. The issue then is to manage these activities so that lessons are derived from past mistakes. In this article
MARINE
POLICY July 1990
Coastal zone of PR China: management approaches and institutions Table 1. Concentrations of DDT and gammexane in marine fish in mg/kg wet weight.
Hainan Island Bohai Sea Zhujiang Estuary
DDT
Gammexane
0.0043 0.0656 1.3235
0.0074 0.2349 0.8054
Source: C.H. Lu, ‘Pollution survey of marine benthos in the coastal waters around Hainan Island’, Haiyang HuanjiflgKexiu, Vol 7, No 1, pp 15-21. 1988.
Fan, ‘Coastal zone of the Bohai Sea: resources and pollution’, Coastal Zone 89, in press, 1988. ‘Zhijie
the present approaches and institutions are reviewed terms of their suitability to provide a comprehensive management of the coastal zone.
Management
structures
The coastal management system and structures in China have been gradually established and strengthened as coastal activities have developed.’ However, while marine transportation, fishery exploitation, marine engineering, extraction of sea salt, marine defence and scientific research have been accelerating in recent years, coastal zone management has not kept pace. Institutionally the most important event in the effort to manage the coastal zone was the establishment of the State Oceanic Administration (SOA) in 1964 which was under the direct leadership of the State Council. The latter is the senior policy and law-making body of government. Standing working bodies for activities such as marine geology and oil exploitation were also established but under the leadership of other ministries. There are currently many ministries and departments which promote coastal activities and have management functions for defence, transportation, fishery, hydrocarbon exploitation, geology, shipbuilding, environmental protection and public security. The management functions of these ministries engaged in the administration of coastal activities are listed in Table 2. It can be noted in Table 2 that, with the exception of SOA and perhaps the Environmental Protection Office of the Ministry of Urban and Rural Construction and Environment Protection, the management functions of these ministries are exercised largely on a sectoral basis. In recent years some intersectoral coordination has been attempted as marine activities gradually come under the jurisdiction of the State Council. The relationships of the agencies are shown in Figure 2. Table 2. Key agencies involved in the administration responsibilities. Management
State Oceanic Administration
Coordinate marine activities; conduct investigations, scientific research, policy making, develop legislation and long-term planning; organize and take pan in international matters relating to the ocean; take responsibility for prevention of oil pollution and ocean dumping pollution.
Ministry of Communications
Manage navigation including inspection of ships, harbour superintendency administration, marine traffic safety: examine crews of merchant ships; piloting; channel equipment: rescue and salvage: safety command; marine environmental protection.
Ministry of Farming, and Fishing
Manage fishery including ports, fishing ground, fishing vessel inspection; license fishermen: deal with fishing disputes; protect the environment in fishing ports and fishery resources.
Forestry
function
Control smuggling.
Public Health Ministry
Manage quarantine.
Ministry of Public Security
Take responsibility for marine defence and security; protection of fishery; navigation and sailing channels: map sea: publish charts.
Ministry of Urban and Rural Construction and Environment Protection
Control and prevent coastal marine environmental construction practices on land.
Oil Ministry
Develop cooperative arrangements with other countries exploitation of offshore oil resources.
Ministry Electricity
POLICY July 1990
of coastal activities in China and their
Competent authorities
General Customs Office
MARINE
and examined in framework for
of
Water
and
Develop and manage marine hydroelectric and inspect water supply facilities.
Ministry of Light Industry
Manage extraction of sea salt.
Meteorological
Provide meteorological
Bureau
problems from
resources,
in the manage
services.
307
Coastal zone of PR China: munage~ent
approaches
and in~ii~ution~ 1
State
Planning
Council
State Antarctic Committee
Survey
National
Coastal
Planning
Department
--!
I I
Zone
Commjssionef
Figure 2. Some line management, coordination and information responsibilities of the State Oceanic Administration. Line management ----Coordination and
Foreign
Other Ministries, Bureaus Sino-academy
information
Affairs
-4
Office
______.--
.._------
I I I I I I
Figure 2 underscores the fact that overall coordination is becoming the principal task of SOA. The most important coordinating functions are undertaken by setting up permanent offices or committees such as Marine Commissioner of the State Planning Council and the National Coastal Zone Workshop. In addition, SOA also has divisions responsible for developing linkages with other institutions involved in management of other marine activities. The divisions of the State Oceanic Administration are listed in Table 3. Generally speaking, the current management approach for marine activities in China is a conventional one involving division of management on a sectoral basis with responsibilities assigned to individual ministries but with coordination applied by a central agency, ie the state Oceanic Administration. At present, the degree of coordination and influence of the SOA is very weak and a comprehensive framework is still not in place as far as coastal zone management in China is concerned. This situation cannot continue in light of the increasing pace of development of coastal activities in China. The main problems fall into four main areas.
Table 3.
The divisions
of the State Oceanic
of National Planning
Marine Commissioner Science Council
308
and their management
functions.
Function
Division Department
Administration
of State
National marine development
Antarctic investigation Workshop
Antarctic survey
Environmental Department
Marine environmental investigations
Protection
planning
Marine Research
protection,
monitoring and
Foreign Affairs Office
Maritime foreign affairs advising Ministry of Foreign Affairs
Marine Information
Information
Centre
and archives
Marine Technical Research Centre
Instruments,
Marine Environmental Forecasting Centre
Monitoring and forecasting of marine environments eg sea state, meteorology pollution indices
standards meteorology
Policy Study Division
Investigation
Oceanic Press
Publication of marine journals and books
and study of marine policy problems
Society of Oceangraphy
National marine scientists
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POLICY July 1990
Coastal zone of PR China: management approaches and institutions
1.
Due to the lack of a comprehensive and fully coordinated management approach, development projects are considered individually and therefore are not fully assessed in terms of national economic planning and social development; there are as yet no general objectives and policy planning for the management of the coastal zone. As a result, for example, marine scientific and technological information is not utilized effectively in development planning. The consequence is that rational development of coastal resources will not occur and additional social economic benefits may not be generated. 2. The goals and objectives of the individual institutions involved have not been rationalized. The current division of responsibilities without strong coordination has caused overlaps in research and investigations, wasted expenditures of labour and money, and disputes between institutions engaged in marine management. 3. With sectoral responsibilities assigned to individual ministries, administrative responsibilities are scattered and cannot provide effective management of the coastal zone; with ship management for example (Table l), there are six ministries with management responsibilities for some functions of shipping, which is ineffective and inefficient in practice. 4. Several laws have not yet been promulgated, for example the Coastal Zone Management Law, the Exclusive Economic Zone Law, and the Continental Shelf Law. Therefore, it is very difficult to establish an effective system to manage these areas. It is worth noting that there is a dichotomy in the management of coastal activities which is now becoming evident in China as it has in many other countries. On the one hand, the sectoral institutions put forward proposals to strengthen and expand their individual functions, whether they be shipping, fisheries or hydrocarbon exploitation, while on the other hand there is also a recognition that optimizing the social and economic benefits of the coastal zone requires more coordination and a comprehensive overview. As a result, human and financial resources may be wasted in the bureaucratic battles associated with establishing responsibility and obtaining resources. China is a developing country and cannot afford this wastage. Therefore, it is crucially important to improve current approaches and promulgate the Coastal Zone Management Law clearly setting out overall goals and objectives.
Legislative background In recent years, a number of laws and regulations concerned with aspects of the management of the coastal zone have been promulgated, such as the Marine Environmental Protection Law (1983), the Regulation for Environmental Protection of Offshore Oil Exploitation (1983), the Regulation for Preventing Ship Pollution (1983), the Regulation for the Management of Ocean Dumping (1985), the Fishery Law (1986), the Marine Traffic Law (1986), the Marine Mineral Resources Law (1986), the Land Management Law (1986) and the Water Resources Management Law (1987). Other laws and regulations such as the Natural Conservation Law and the Land Protection Law are currently being written and will be promulgated at some time in the future. These and other laws, regulations, and rules have specific provisions regulating activities in coastal areas (Figure 3). They have addressed the MARINE
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309
Coastal zone of PR China: management approaches and institutiorts
1 Maritime
Figure Note:
I
3.
Laws respectively;
[Specific laws and regulations] I
space law and regulations
Laws and regulations
concerned
with coastal zone management
in China.
and Regulations of the National symbols
a, b, and c represent
People’s Congress, State Council and Ministries are in the first, second promulgated, under development and unpromulgated laws and regulations,
and third rows, respectively.
and exploitation of resources in the coastal zone and its adjacent areas at least in part. As a result of the implementation of these laws, the quality of the coastal zone has improved, particularly since the implementation of the Marine Environmental Protection Law. Taking the Bohai Sea as an example, the average oil concentration was as high as 125 parts per billion (ppb) in 1977 and has now been reduced to 13 which can be gained highlight the ppb in 1988. I” The benefits importance and urgency of the development and subsequent implementation of marine legislation in China. In recent years, preservation management
“Zhijie Appendix National 1. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12. 13. 14.
Fan, ibid. to Figure 3. Laws, regulations People’s
Congress
Coastal Zone Management Law; Territorial Waters and Contiguous Zone Law; Exclusive Economic Zone Law; Continental Shelf Law; Fishery Law; Water Resources Management Law; Oil Exploitation Law: Marine Environmental Protection Law; Marine Traffic Safety Law; Maritime Law; Harbour Law; Customs Law; Regulations of Terntory Health Quarantine: Marine Scientific Research Management Law.
and rules identified State Council 1’. 2’. 3’. 4’. 5’. 6’. 7’. 8*. 9’. 10’.
11’. 12’. 13*. 14’ 15’. 16’
in Figure 3, the current
legal framework
Laws and Regulations
Statements of Territonal Waters; Regulations for Foreign Non-military Vessels Sailing Through the Qongzhou Straits; Regulations for Protecting Breeding and Aquatic Resources; Regulations for Cooperative Exploitation of Offshore Oil Resources with Foreign Countries; Regulations for the management of Ocean Dumping; Regulations for Preventing Merchant Ship Pollution; Environmental Protection Management Regulations of Offshore Oil Exploitation; Management Rules of Rescue for Sinking Ships; Management Regulations of Foreign Merchant Ships; Regulations of Non-motorized Vessels; Marine-River Navigation Rules: Regulations of Navigation Channel Management; Provisional Regulations of Harbour Management; Provisional Customs Law; General Inspection Rules of Export and Import Merchant Ships: Detailed Rules of the Implementation of Territory Health Quarantine.
for coastal
Ministerial
zone management.
Regulations
1’ * 2’ * 3’ * 4 ’ 5’ * 6
Provisional Regulations of Fishery Management; Seawater Quality Criteria for Fishery;
7’ f
Rules for Piloting ships in the Harbour;
8’ * 9
Signal Regulations
*
f
Information Management shore Oil Resources: Seawater Quality Criteria;
Rules
of Off-
Regulations of Investigation and Treatment of Marine Acctdents; Navigation Regulation in the Fog;
in the Harbour;
ProvisIonal Regulations of Arbitration Procedures of the Maritime Arbitration Council
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POLICY July 1990
Coastal zone of PR China: management approaches and institutions
of natural areas and species has been recognized as important. Conservation places for the Pallas pit viper and migratory birds have been set up in the coastal zone. The importance and special nature of the coastal zone is increasingly recognized by the institutions as a result of research, the coastal zone survey, resource exploitation, policy development and legislative initiatives. While advances have been made, there is also a developing awareness of the potential for sectoral conflicts and cumulative impacts of increasing development projects. All of these appear to have laid a solid foundation for the establishment of comprehensive coastal zone management approaches and legislative systems. As early as 1978, the large ‘Multipurpose Investigation for Planning of the National Coastal Zone Resources’ project was approved and initiated by the State Council. The development of the Coastal Zone Management Law (CZM Law) for rational coastal management was also proposed at the same time. In 1983, the State legislative body listed the CZM law as under consideration. A drafting committee was set up during the same year under the leadership of SOA and supervised by the State Planning Council. Many marine scientists, economists, jurists and coastal zone managers worked together and carried out extensive studies to support the drafting of the new law. Among other goals, the law would establish standards which would be adopted by other state and local government agencies. Management and protection of the natural environment, including the coastal zone, is a matter of shared responsibility involving many ministries and departments of the State as well as provinces, autonomous regions, municipalities and local communities. The relationships of the different levels with regard to the management of the coastal zone have not yet been fully elaborated and the long history of the relationships in China means that changes will not be made easily.” A management model which cannot be actually implemented in practice is useless; on the other hand, it is also unacceptable to apply a system which can be carried out in practice but which does not adequately consider social, environmental and economic implications. The current proposal which seems to have both practicality and economic efficiency is that the original legal authorities and basic regulations will not be greatly changed but that overall coordination will be enforced on the original management structures. Thus the drafting plan of the Coastal Zone Management Law emphasizes two fundamental aspects, institutional structures and management procedures. Institutional
“Qu Geping and Li Jinchang, ‘Environmental management’, in Managing the Environment in China, Tycooly Publishing, Dublin, 1987, p 212.
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structures
It is essential to set up an effective and efficient structure. The establishment of new organizations at different levels of government must take into account the conditions which prevail and the nature of the coastal zone resources in each geographical and political area thereby permitting some flexibility. The establishment of new organizations should also take into account the results of the multi-purpose investigations initiated in 1978. It is expected the provisional organizations which have been established will be changed into permanent organizations after a period of time has elapsed based on the experience gained. The duties of those organizations will gradually change from investigation
In future,
into
management.
those organizations
will be the models
for the coastal
zone
311
Coastal zone
of PR China: management approaches and institutions agencies of the local government, which do not exist at present in China. At the national level, the CZM system may well consist of different ministries coordinated by a central agency, but at the local level, it may be more effective to create one competent institution with overall responsibility. The relationships between the national coastal zone management organization and the other ministries can be interpreted by local authorities according to their own conditions. The establishment of those organizations is both in accordance with the stated objectives and the need for practicality. Even though CZM law and regulations of both state and provincial governments have not been promulgated, various coastal administrative bodies have been set up at both the state and the provincial level. Management procedures The reform of management authorities must be assisted by special administrative procedures. The CZM Law will overlap with those present laws and regulations dealing with territorial land resources. Therefore, procedures must be established to ensure that the implementation of the CZM Law is integrated with the present laws and regulations. The existing management authority and basic procedures have not been greatly altered in the draft CZM Law. The main task envisioned for the coastal management organizations is the overall coordination of existing efforts and strengthening of the management system in order to ensure the objectives are satisfied. Some coastal provinces stipulate through governmental decree that every institution must get permission from coastal zone management organizations in dealing with the coastal zone problems when implementing the present laws and regulations. This method of conferring new power is both feasible and jurisdictionally sound. The Coastal Zone Management Law has therefore been written so as to permit SOA to assign responsibilities to other organizations and levels and thus it should also be regarded as an important reform step. In ensuring that the procedures are effective, the coastal zone management organizations will also undertake their own functions. These include environmental monitoring, baseline studies and research, formulating plans, examination and approval of local level plans, establishment of criteria, preparation of detailed rules and regulations, and information services. Through those activities and the coordinating management of SOA, the implementation of CZM Law, regulations and management objectives should be guaranteed. Action at the state level prompted Jiangsu Province to promulgate the Provisional Regulations of CZM in 1985. Similar regulations and rules are being drafted in Liaoning and Shandong Province. Thus the State initiatives have already resulted in positive efforts in other Chinese jurisdictions. Two further developments with positive impacts on administrative procedures should be noted: 1.
312
Intersectoral linkages are being strengthened. In order to develop and draft the State CZM Law, all competent institutions, which normally act unilaterally within their own sphere of influence, collaborated and exchanged views about the CZM legislative problems. As might be expected, the new CZM law will probably not be entirely accepted by all institutions. Nevertheless, the objectives can be broad enough to cover each institution’s horizons in dealing with the coastal zone problems. Moreover, each of the
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POLICY July 1990
Coastal zone of PR China: management approaches and institutions
2.
competent institutions has common interests in achieving social and economic benefits from the development of coastal resources. The difficulty is that these institutions do not always realize that the use or extraction of one resource may detrimentally impact on the use of another resource. Regional legislative activities have been enhanced by the process of drafting state CZM Law. For example, coordinating efforts are being studied among four provinces under an umbrella called the Coordinating Development Committee of the Bohai Sea. This is viewed as a very important initiative” and may provide a model for other areas.
Through the legislative drafting process for the CZM Law, specific clauses of the CZM Law have been added to the general laws and regulations already in existence such as the Coastline Protection Law and Marine Environmental Protection Law as well as some regional CZM Laws for harbours, and estuaries, bay and some specific laws and regulations. Thus it can be seen that even though the CZM Law has not been promulgated, it is acting as a catalyst in extending the already implemented laws and regulations at the national level,
Conclusion
“Zhijie, Fan, op tit, Ref 9. ‘%. Kelly, R.P. C&B, B. Nicholls and P. Ricketts, ‘Developing a strategic assessment and planning framework for the marine environment’, Journal of Environmental Management, Vol 25, 1987, pp 219-230. ‘%.P. CiW and H. Hirvonen, ‘Control strategies for the protection of the marine environment’, Marine Policy, Vol 10, No 1, January 1986, pp 19-28. ‘%uing-nan Meng, Land-based Marine Pollution: lntemational Law Development, Graham and Trotman, London, 1987.
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POLICY July 1990
The national coastal zone survey has been completed for more than two years. Coastal zone legislation, management institutions and procedures and the research in support of them are seen as critical to the resolution of coastal problems in China today. There will be an ongoing assessment of the most feasible and effective plan until the State Coastal Zone Management Law is officially promulgated. Local and regional legislation and institutions can be expected to improve as more experience is gained. In addition, detailed regulations and standards must be completed and these must then be adopted by appropriate agencies. These include restrictions on the exploitation intensity in sensitive areas, impact assessment procedures for coastal areas, environmental capacity studies, site selection procedures for industries, etc. Clearly many questions and problems need to be addressed in the future to put an effective management system in place. Given the success noted already at the local and regional levels, there is merit in building a CZM system from the local level up to the State level once overall objectives have been established in law. In so doing pilot projects can be undertaken at the local and regional level and evaluated for applicability elsewhere. In this regard, the coordinating effort underway for the Bohai Sea should be carefully monitored. Key aspects yet to be addressed are the rationalization of competing objectives and uses and priority setting exercises for research, pollution control efforts, and for monitoring programmes. A hierarchy of environmental planning and assessment including the strategic or regional impact assessments as described by Kelly et a/l3 may permit rationalization of objectives and better coordination of efforts among competing sectoral interests and be applicable in China. In addition, strategies for the control of land-based sources of pollutants as described by Hirvonan and C6tC14 and the legislative regime described by Meng” must be assessed for their applicability in China. Clearly, the establishment of coastal zone management law is a very complex problem in China as elsewhere. Careful attention must be paid to
313
Coastal zone of PR China: management
approaches and institutions
lessons and experiences of foreign countries while keeping the specific Chinese cultural and institutional conditions in mind. It is noteworthy that competent institutions in China especially concerned with coastal zone management have begun to use sustainable development theory and systematic methods in order to give full consideration to the relationships between natural resources and economic benefits in dealing with the problem of exploitation in the coastal zone. This process must be accelerated in view of the increased use of the coastal zone.
314
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