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May 27, 2017

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Manila won't recognize China fishing law

MANILA -- The Philippines will not recognize the fisheries law implemented by China in the waters off Hainan province, the Department of Foreign Affairs (DFA) said Tuesday.

"We don't recognize it, that's why we are protesting about its declaration and implementation," DFA spokesman Raul Hernandez said when asked for a categorical response by media regarding Hainan's new law.

"This law being a Hainan law covers not only their maritime zone but also the maritime zones of other coastal states including the Philippines particularly our 200 nautical mile Exclusive Economic Zone (EEZ)," Hernandez said.

China's southernmost province of Hainan passed last November 2013 a new fisheries law requiring foreign vessels to seek permission from regional authorities before conducting fishing or surveying activities in its waters.

The law took effect Jan. 1, 2014.

China claims the entirety of the South China Sea (West Philippine Sea) as its territory including parts of the Philippines EEZ.

DFA has previously asked China to clarify its new law saying that it overlaps with the Philippines EEZ.

"The Chinese side has responded to our request for clarification by saying that the new regulation is an implementation of China's fisheries law and covers the jurisdiction of Hainan province," Hernandez said.

"The DFA reiterates its strong protest which we have made on 28 June 2012, since the jurisdiction of Hainan province included the Philippine territories and impinges on the Philippines EEZ," he said.

Previously, the DFA said that China's new law violates the United Nations Convention on the Law of the Seas (UNCLOS) and international law.

"We believe this will only heighten tension in the area and also threaten the peace and stability of the region," Hernandez said.

"The Philippines calls on China to conform to international law particularly UNCLOS," he said.

The DFA considers its statement as a protest and is studying the filling of a protest note against China.

"Filipino fishermen have their rights under Philippine laws and under UNCLOS to fish in our EEZ, and China has a duty under international law to respect the legitimate rights of our fishermen there," Hernandez said.

January 16, 2014    Patriciahoping@
This is nothing new as many countries have similar fishery laws that overlap with the territories of neighboring countries including the Philippine laws. That is why many Taiwanese fishermen are either arrested or killed in overlapping area between Taiwan and the Philippines which neither side recognizes. The best way is to negotiate a fishery agreement between the two countries.
January 17, 2014    ludahai_twn@
The 200 nautical mile limit is not absolute. In the South China Sea, however, that is now what is in play here Patricia. China claims nearly the entire sea as its own. They clearly have jurisdiction up to the two hundred miles as provided for in the UNCLOS, but there is no such thing as overlapping EEZs. In the case where the 200 miles overlaps, the median line is the standard that has been applied in accordance with the continental shelf treaty.

China is overreaching here. They do not have the right to declare its laws over the EEZs of other states or the high seas, which a small area in the middle of the South China Sea qualifies as given that it falls within no states's EEZ. Anyone has the right to fish there.

This is just another example of China's seeking to dominate its neighbors and turn another sea into a Chinese lake in contravention of international law and the rights of the littoral states.
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