1.0    China's Marine Area Management Program
2.0    Article 2
3.0    Article 3
4.0    Article 4
5.0    Article 5
6.0    Article 6

China's Marine Area Management Program

by Min Guo
Attorney at Law
Environmental, Coastal, and Ocean Sciences
University of Massachusetts at Boston
U.S.A.

Integrated coastal area management (ICAM) has not been successfully adopted nationwide in China because of fierce inter-agency rivalties, especially between land management authorities and marine management authorities. Consequently, marine management authorities, which are most enthusiastic in ICAM, have promoted marine area use management (MSUM) instead.

The national MSUM program is the first major systematic effort of the Chinese government to regulate marine area use. It marked the ned of the largely unregulated use of common marine space. It has been conducive to reducing marine use conflicts. This program has the potential to be most important regulatory program of SOA's. The SOA has been working hard to expand and improve this program.

g3131mguo@umbsky.cc.umb.edu

China's Marine Area Management Program
An abstract
Keywords: China, Coastal Management, Marine Management

Min Guo, Attorney at Law
E-mail: g3131mguo@umbsky.cc.umb.edu

Integrated coastal area management (ICAM) has not been successfully adopted nationwide in China because of fierce inter-agency rivalries, especially between land management authorities and marine management authorities. Consequently, marine management authorities, which are most enthusiastic in ICAM, have promoted marine area use management (MSUM) instead. In January 1991, the first county level MSUM program was established in Chengmai County, Hainan Province. By the end of 1992, all counties and cities in Hainan Province had established similar programs. In May 1993, the Ministry of Treasury and State Oceanic Administration (SOA) jointly promulgated "Interim National Marine Area Use Management Regulation," which marked the beginning of China's national MSUM program. The national regulation established two systems: permitting system and levying system: all economic uses of coastal seas need a permit from the government; all users of marine space are required to pay the government license fees.

The national MSUM program is the first major systematic effort of the Chinese government to regulate marine area use. It marked the end of the largely unregulated use of "common" marine space. It marked the end of the largely unregulated use of "common" marine space. It has been conducive to reducing marine use conflicts. This program has the potential to be the most important regulatory program of SOA's. The SOA has been working hard to expand and improve this program. The following issues are of highest priority.

First, the uneven and unfair levying rates. The minimum license fee, set by the national regulation, is US$0.018/m2/year (or US$ 180/hectare/year). From 1993 to 1993, 194 permits had been issued in China; licensed areas totalled 300 km2; the total license fees were about US$2.5 million. That is, on average, US$83/hectare for the three year period (not one year), which was far below the national minimum rate. Regional and local authorities did not adhere to the national regulation. In Hainan Province alone, there was a 200-fold difference among coastal counties in levying rates. Some licensees even get license for free.

Second, sectoral oriented permitting procedures and standards. There are no legally binding comprehensive zoning plans to guide the application review and approval. Other sectoral agencies, not to say the general public, have not been grated participation in permitting process. The national regulation does not mention anything about the Environmental Impact Assessment, which is under the jurisdiction of Environmental Protection Agencies. Article 11 of the national regulation stipulates: "Upon receipt of the application for marine area use, the marine administrative agency shall make the decision either to approve or disapprove the application within two months." Permitting is solely the responsibility of marine management agencies. For this management program to be integrated, well-balanced, and fair, close cooperation and active inputs from other secotors and the general public are indispensable.

Third, inadequate scientific basis for permitting. For example, because of lack of consistent and reasonably accurate base maps and surveying technology, some of the licensed areas overlap. Even the boundaries of jurisdictional areas are ambiguous.