Recommendations for designation of a fisheries protection area within Hong Kong waters

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Executive Summary

This paper is prepared by the officer in charge of Capture and Fisheries Management (CFM) in

Agriculture, Fisheries and Conservation Department (AFCD). The goal of the paper is to prepare

a holistic recommendation report for the designation of a Fisheries Protection Area (FPA) within

the waters of Honk Kong, the official China’s Administrative Region. In order to meet the goal

of the paper, a comprehensive review of the status if the capture fisheries industry is reviewed.

Assesment is also conducted to establish the need for FPA in the waters of Hong Kong. Also,

existing legal provisipons sufficient for designation and management, and possible amendment is

reviewwd. Besides, the proposed site for designation of the FPA is provided, with justifying

reasons. Finally, and most importantly, a the officer in charge of Capture Fisheries Management

presents a comprehensive proposal for management of the FPA as per the Fisheries Protection

Ordinance (Cap 171) which provides for a standard fraework for regulation of fishing activities

within the territorial waters of Hong Kong, highlighting in detail fishing control measures,

moratorium, enforcement strategies, and no take zones, otherwise referred to marine protected

areas.

Status of the capture fisheries industry in Hong Kong

Hong Kong has seen steadily declining fisheries resources for over a couple of decades due to

rising pressures caused by in-direct consequences ofpolluting and indirect coastal development,

and largely by over-exploitation.Assessment studies about the capture fisheries in Hong Kong

Waters showed significantcause of the declining fisheries resources as mainly overexploitation

—this was manly evident in Pear River Estuary and the East and South China Seas’ adjacent

continental shelf(ADCD., 2021). Despite the immense impact of overexploitation,

studiesconducted by AFCD showed that it is the main contributor to socio-economic

sustainability of Hong Kong.Still in 2021 alone according to AFCD’s report (2021),Hong

Kong’s capture fisheriesamount offisheries the industryyielded wasapproximately 11,2000

tones which was valued at over $1.8 billion, which significantly contributed to steadyfish

supplies to consumers locally. The number of fishing vessels was approximated to be 5,170

operated by approximate fishermen totaling about 10, 510. The industry is one of the

mainemploys locals directly or indirectly through retail marketing, fish wholesale, fishing

equipment supplies and maintenance, fuel supply sector, and ice manufacturing.

The main methods used for fishing include long-lining, crawling, purse-seining,gill-netting, with

the trawling being the most dominant method. Data for the capture fisheries industry for the

period between 2005 and 2014 are provided in summary in Table 1 Appendix 1.The main

sources of the highest yields are evidently produced in eastern waters, including Crooker Haven,

Tolo Harbour, Po Toi, and Port Shelter, and south western waters including Cheung, Lamma

Islan, and Soko islands.

The need for a FPA in Hong Kong waters

Threats and challenges to sustainability encountered by fishing areas are mainly due to

exploitation and the high dependence on the fisheries resourcesat the coastal fishery

sites.Fisheries are the major contributor to Socioeconomic, and societal wellness through

creation of job opportunities, economic value addition, andsignificant role on addressing food

security issues.

With the multi-fold dynamics associated with human development and other factors such as

overexploitation, the impacts and pressures exerted on the Hong Kong waters have been

significant for over the last couple of decades.A very vast area of land which was initially a

fishing site has been reclaimed since 1980s through to the end of 1990s. The result of these

activities has been the loss of spawning, nursery, and even feeding habitat forvarious pelagic

speciesand demersal (Lam, W., Hamill, G. A., Song, et al., 2011). The same period of time was
characterized by rapid construction activities, rising urban and industrial waste discharges and

sewage. While pollution and urban developments have been major factorscontributing to the

immense decline, pressures due to fishing activities has beenevidently a major factor too. For

instance, according to a report conducted in thePort Shelter and Tolo Harbour regions by AFCD,

the seabed of Hong Kong’s waters have experienced immense pressures caused by trawling, and

recent study showed that the prevailing status of stocks of fish is also basically due to factors

likerecruitment and increasing rates of overfishing, and most likely, even though to a shallower

extent to effects related todevelopments. The decreasing land mass under fishing waters justifies

the need for fisheries protection area, which this paper sought topresent.

Existing legal provisions for designation& management of FPA (and possible amendments)

The Fisheries Protection (Amendment) Ordinance 2012 (Cap 171) framework operationalized

officially on 15th June 2021 is applicable to issues related to legislations concerning capture

fisheries in Hong Kong waters. The legislation provides for standard environmental legislations,

plans, criteria, and guidelines for establishing FPA in Hong Kong. Thecore guidelines,

document, standards, and regulations applicable to the subject matteraffecting capturefisheries

widely varied to meet different needs. For instance, theEnvironmental Impact Assessment

Ordinance (Cap. 499), and related complimentary legislationsdetail guidelines about impact

assessments processes for the environment. EIOA-TM’s Annex 17 provides the general standard

approach and applicable methodologies for assessing fisheries’ impactscaused byprojects which

can influencefishing and activities revolving around aquaculture, capture fisheries resources and

their respective habitats, and also the selected sites for aqua culturalactivities. The primary basis

of this paper is the Marine Fish Culture Ordinance (Cap. 353) which is aimed to effectively

regulate the designation of fishing zones within Hong Kong waters, allowed methods,

procedures, and provide for legal control mechanisms for creating the“not take zones” or FPAs.
Proposed site for designation of the FPA

Effective implementation of designation of FPA in the context of capturefisheries waters of

Hong Kong and needs priorevaluation to determine the procedures for licensing as per the

legislative amendmentspremised on the principles set out inFisheries Protection Ordinance and

its subsidiary legislations(Yang & Goodkin., 2014); this is imperative before proceeding with

any designation of a PFA sites.Following the assessment conducted by the agency, the reasons

having been described previously on this paper, about closed season across the territorial waters

on annual basis would need these legal frameworks revolving around licensing, and then the

proposed site development is developed withconsultations with various stakeholders in the

industry and beyond.

This paper proposestwo areas for development of FPAS andwhere artificial reefs have

beenestablished within the Hong Kong’s territorial watersdesignated as“No-Take” areas/zones

(See Figure 2).This paper proposes Port Shelter and Tolo Harbour, which is mainly selected

because they are the most important areas for capture fisheries spawning. The areas designated

for FPA extends for an area of 13,700 hectors, equivalent to about 8.3% of the total Hong

Kong’s sea area

Figure 2 The Designated FPA in Hong Kong’s Waters

Proposal of management of the FPA

A comprehensive management strategy for the proposed FPA is imperative for successful

implementation.The annual “closed season” set for annual basis is set to require licensing,

control measures to control fishing, no take zones as per the regulations, enforcement

procedures, and measures for enforcement (Mak et al., 2021).The objective of the management

strategy for FPA is to provide a comprehensive legal guiding framework for implementing the

proposed site for designation of FPA. The implementation of the annual practicetermed herein as

“closed season” is presented in Table 1 Appendix 1.

 References
Lam, W., Hamill, G. A., Song, Y. C., Robinson, D. J., & Raghunathan, S. (2011). Experimental

investigation of the decay from a ship’s propeller. China Ocean Engineering, 25(2), 265-

284.

Yang, T. T., & Goodkin, N. F. (2014). Wet season upwelling and dry season chlorophyll-a

describe interannual growth rates of Porites in southern China. PloS one, 9(6), e99088.

Mak, Y. K., Tao, L. S., Ho, V., Dudgeon, D., Cheung, W. W., & Leung, K. M. (2021). Initial

recovery of demersal fish communities in coastal waters of Hong Kong, South China,

following a trawl ban. Reviews in Fish Biology and Fisheries, 31(4), 989-1007.

Overview. Latest status. (n.d.). Retrieved May 3, 2022, from

https://www.afcd.gov.hk/english/fisheries/fish_cap/fish_cap_latest/

fish_cap_latest.html#:~:text=In%202021%2C%20the%20capture%20fisheries,about

%2010%20510%20local%20fishermen.
 Appendices

Appendix 1Table 1Recent complete data about Hong Kong Capture Fisheries Industry

Local
Value of
Fishing Fleet Fishermen Production
Produce
Size (No. of Engaged in (Thousand
(HK$
Vessels) Capture Tonnes)
Million)
  Fisheries

2014 4,500 9,400 161 2,530

2013 4,000 8,800 170 2,238

2012 4,000 8,800 155 2,317

2011 4,000 8,500 171 2,358

2010 3,900 8,200 168 2,100

2009 3,700 7,600 159 2,000

2008 3,800 7,900 158 1,780

2007 4,000 8,500 154 1,530

2006 3,950 8,500 155 1,600

2005 4,150 9,170 162 1,600

Source: AFCD (2005, 2006a, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2015b)
Appendix 1 Table 1 Proposed management for implementing the FPA

Item Detailed information

Objectives Give a legal guiding framework for implementation in the long term

and other necessary control measures and strategies aimed to give a

longer for breeding and recovery of stock.

Proposed 1. Draft a plan detailing the duration and time of the

procedures for implementation, activities undertaken, methods of fishing

implementation banned during the period, start date, which is of course based on

feedback from consultations with relevant parties and the entire

fishing industry.

2. Publication of draft by Gazzetement in print mass media and

giving parties time to air objections within a span of 60 days.

3. Submit a drafted plan to the Chief of Executive Council to

approve within a span 6 months beginning from the end of the

period given for objection.

Controls 1. Fishing activities through methods that have been prohibited

within the specified period.

2. Issue all capture fisheries activities licenses for the protected

area which shall be suspended when time elapses.

Offences 1. Any offenders of the legal bases found culpable for breaching

the rules for the period are deemed to have committed an

offence.

2. The person, master, or owner in charge of the vessels for fishing

will be held liable if they facilitate any other party to operate

within the prohibited area within the period.