Authorities：Fishing Vessel Trespassed China's Closed Fishing Waters
China Times News, July 4, 2024
Taiwanese fishing vessel "Da Jin Man No. 88" was boarded, investigated and detained by a mainland Chinese Coast Guard vessel on the evening of July 2, before being taken to Weitou Port in Quanzhou, Fujian Province. Following intensive discussions among top echelon government officials and the Taiwan’s Coast Guard Administration (CGA), Ocean Affairs Council (OAC), they stated the following day that the incident occurred because the said Taiwanese fishing vessel was operating in mainland waters during the fishing off-season, thus prompting enforcement action by the Chinese authorities. Deputy Director-General Hsieh Ching-chin of the CGA requested July 3 that the mainland Chinese authorities promptly explain the reasons for the boarding and the investigation, while following the procedures to release the ship and its crew. Some scholars have commented that the emphasis by the administration of President Lai Ching-te on the Taiwanese fishing vessel crossing the outer limit of Chinese territorial waters and being apprehended suggests a cautious approach, reflecting concerns about mainland attitudes.
The Fujian Provincial Government announced the implementation of a seasonal fishing ban starting from May 1 and ending on August 16. Mainland China’s Coast Guard stated yesterday that the "Da Jin Man No. 88" violated fishing ban regulations and engaging in trawl net operations within bottom trawl fishing prohibited area. Moreover, the nets used by this fishing vessel were smaller than the minimum mesh size stipulated by Chinese regulations. The CGA stated that at 8:14 PM on July 2, they were informed that the "Da Jin Man No. 88" was boarded and detained 23.7 nautical miles northeast of Liaoluo Port, Kinmen by the mainland’s Coast Guard vessel. The CGA promptly dispatched vessels of 100 tons and 35 tons for assistance and notified the PP-10039 patrol boat stationed in Kinmen for emergency deployment. At 9:14 PM, another vessel, the PP-10081 patrol boat, was intercepted by the mainland Coast Guard, with their vessels converging on the scene. The CGA broadcasted to its counterpart, demanding the release of the "Da Jin Man No. 88," but the latter responded by urging them not to interfere. By this time, the CGA vessel had already entered mainland "internal waters."
Deputy Director-General Hsieh stated that the CGA had essentially entered another country's territory, with four China Coast Guard vessels converging at the scene. Concerned about being surrounded and finding it difficult to leave, the CGA decided to retreat and abandon its rescue attempt. The "Da Jin Man No. 88" was ultimately taken to Weitou Port. The CGA urged Chinese authorities to avoid handling the incident based on "political factors." They called for a prompt explanation of the reasons for the boarding and investigation and requested that proper procedures be followed to release the ship and its crew. Taiwanese national security officials stated that since 1995, China has unilaterally implemented a commercial fishing ban starting from May 1 each year. The “Da Jin Man No. 88” fishing vessel was operating in the waters around Fujian, which is not under Taiwan's jurisdiction. Plus, during China's fishing off-season, Taiwanese fishing operations would risk violating another country's regulations. Taipei has urged the Chinese authorities not to escalate the situation unnecessarily, resulting in causing undue alarm among the fishermen over what was essentially a regulatory violation.
At the beginning of this year, when there was a collision incident between Chinese fishing vessels and the CGA vessel in the waters between Kinmen and Xiamen, Minister Kuan Bi-ling of the OAC issued multiple statements defending the CGA’s actions. However, she remained silent during the day yesterday. On the evening of July 3, through a press release from the Ocean Affairs Council, Minister Kuan stated that the Mainland Affairs Council and the Fisheries Agency, Ministry of Agriculture, in Taipei would communicate with their Chinese counterparts, hoping that the Chinese authorities would follow procedures and promptly release the vessel and its crew. Professor Tso Chen-dong from the Department of Political Science at National Taiwan University noted that the Tsai administration previously used strong rhetoric to handle similar incidents. In contrast, the Lai administration has been more cautious. However, President Lai Ching-te's articulation of the new "two-state theory" during his inauguration on May 20, 2024 has made it more challenging for the Lai administration to manage cross-strait affairs.
As for how long the "Da Jin Man No. 88" will be detained, Deputy Director-General Hsieh stated that it would be determined on a case-by-case basis. Since 2003, mainland China’s Coast Guard has detained a total of 17 Taiwanese fishing vessels for violating international fishing ban regulations. Of these, 11 were released after paying fines, while 6 were brought back by CGA following on-site negotiations. According to Dean Rao Rui-cheng of the College of Marine Law and Policy, National Taiwan Ocean University, resolving the incident administratively before allowing the fishing vessel to return would be the simplest ending. However, if there are criminal charges involved, crew members may be detained, complicating the situation.
It has been reported that all five crew members of the "Da Jin Man No. 88" have been criminally detained. According to regulations, they shall be transferred to a detention center within 24 hours. Their family members are expected to be notified within this timeframe.
From: https://www.chinatimes.com/newspapers/20240704000543-260106?chdtv