2014-01-09

More Tensions in the South China Sea

Beijing Shows Resolve in South China Sea Claims
In a broadening campaign to enforce its territorial claims, China says it's beefing up its police powers in the disputed South China Sea and requiring foreign fishermen to ask Beijing's permission to operate within most of the vast, strategic waterway.

The move, which took effect this month, comes on the heels of the late November announcement of a new air defense zone requiring foreign planes to notify Beijing of flights over a huge swath of the East China Sea, where China is locked in a bitter territorial dispute with Japan.

The steps are prompting concerns that President Xi Jinping's push to assert China's role as a regional power could spark a confrontation with neighbors.

Taiwan rejects China's new South China Sea fishing rules
Ministry spokeswoman Anna Kao said the four archipelagos in the South China Sea are the inherent territory of the Republic of China -- the official name of Taiwan -- in terms of history, geography and international law.

"The Republic of China government does not recognize any unilateral move taken or statement issued by any country," she said.

China has ordered foreign vessels fishing or surveying in waters of its Hainan administration zone in the South China Sea to obtain approval from Chinese authorities.

Violators could face severe punishments, including having their catch or boats confiscated or their crew prosecuted under Chinese law.

Hainan's New Fishing Rules: A Preliminary Analysis
To start, the new measures do not contain any new language regarding foreign fishing vessels in waters that China claims. In fact, the Hainan rules simply repeat almost verbatim Section Two, Article 8 of China’s 2004 fisheries law, which states that foreign fishing vessels operating in sea areas administered by China should receive approval from relevant State Council departments. That is, the new Hainan rules affirmed the application of the 2004 national law to Hainan’s waters (which were already covered by the 2004 law). Importantly, the recent Hainan rules do not outline or articulate a new policy position regarding foreign fishing vessels in Chinese claimed waters.

In addition, the 2013 rules do not mark the first time that Hainan has sought to regulate the activities of foreign fishing vessels in its waters. In previous editions of the implementing measures issued for China’s national fisheries law in 1993 and 1998, Hainan’s legislature also required that foreign fishing vessels receive permission to operate in the province’s waters.

Likewise, apart from Article 35, the other forty articles in the newly issued rules discuss rather mundane fishing issues and not the policing of Hainan’s waters. Various topics include fish-farming, fishing methods, the protection of fish stocks and so forth. One rule, for example, sets the minimum length for the catch of various species (e.g., 18 centimeters for lobsters). In other words, the main purpose of the implementing measures appears to be strengthening the regulation of fishing for an island province with a large fishing industry, not further bolstering China’s claims to fishing rights in the South China Sea.

Finally, the 2013 Hainan implementing measures do not state how the province intends to regulate the presence of foreign fishing vessels.

No comments:

Post a Comment