The Treaty concerning the Archipelago of Spitsbergen makes an important legal basis of China's participation in the arctic affairs. According to the treaty and the Norway Economic Zone Code, China has equal fishing rights in territorial sea even FPAs of Svalbard. China should attach great importance to these rights, which constitute legal foundation and perspective to appropriately select institution, identity and technological path to expand interest in the Arctic, and to creatively participate in the management of fishery industry. It will contribute to taking the initiative and occupying legal high ground to participate in the development and protection of Arctic fishery．