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Posted: January 1st, 2023

Maritime law enforcement on border-crossing fishing vessels: Experience of Taiwan’s practices under its unique political relationship

Maritime law enforcement on border-crossing fishing vessels: Experience of Taiwan’s practices under its unique political relationship

Taiwan is an island nation with a large and active fishing industry that operates in the waters of the Indo-Pacific region. However, Taiwan faces many challenges in enforcing its maritime laws and regulations on its fishing vessels, especially those that cross the borders of other countries or regions. Taiwan’s unique political relationship with mainland China, which claims sovereignty over Taiwan, also complicates its participation in regional and international fisheries management organizations and agreements. This paper examines how Taiwan has dealt with these issues and what lessons can be learned from its experience.

One of the main problems that Taiwan faces is the illegal, unreported and unregulated (IUU) fishing activities of some of its fishing vessels, which undermine the sustainability of fish stocks and the marine environment, as well as the human rights and welfare of the fishers on board. Taiwan has been repeatedly criticized by the international community for its insufficient efforts to combat IUU fishing, and has been subject to trade sanctions and yellow cards by the European Union and the United States. To address this problem, Taiwan has adopted various measures, such as strengthening its legal framework, enhancing its monitoring, control and surveillance (MCS) system, improving its vessel registration and licensing system, increasing its penalties and sanctions, and promoting the social responsibility of its fishing industry.

Another challenge that Taiwan faces is the cooperation and coordination with other countries or regions in the enforcement of maritime laws on border-crossing fishing vessels. Due to its political status, Taiwan is not a member of most regional fisheries management organizations (RFMOs) or bilateral fisheries agreements, which limits its access to information and resources for joint enforcement actions. Moreover, Taiwan has to deal with the maritime disputes and conflicts with some of its neighbors, such as mainland China, Japan and the Philippines, over the sovereignty and jurisdiction of certain waters and islands. To overcome these difficulties, Taiwan has sought to participate in RFMOs as a fishing entity or a cooperating non-member, to negotiate fisheries agreements with other countries or regions on a pragmatic basis, to establish mechanisms for dialogue and consultation with its counterparts, and to engage in joint patrols and exercises with friendly countries or regions.

The paper concludes that Taiwan’s experience shows that maritime law enforcement on border-crossing fishing vessels is a complex and dynamic issue that requires constant adaptation and innovation. Taiwan has made some progress in improving its legal system and MCS capacity, but still faces gaps and challenges in ensuring compliance and cooperation. Taiwan needs to continue to enhance its domestic governance and international engagement, as well as to seek constructive solutions for its political disputes with mainland China and other parties. By doing so, Taiwan can contribute to the regional peace and stability, as well as to the global efforts to combat IUU fishing and protect the marine environment.

Bibliography

Chen YC (2021) Maritime law enforcement on border-crossing fishing vessels: Experience of Taiwan’s practices under its unique political relationship. Marine Policy 133: 104749.

Liu YH (2020) The EU’s IUU Regulation: An Effective Tool for Combating Illegal Fishing? The Case of Taiwan. Ocean Development & International Law 51(4): 387-408.

Lin YC (2019) The Legal Status of Taiwanese Fishing Vessels Operating in Disputed Waters: A Case Study on Okinotori Atoll. Chinese Journal of International Law 18(3): 663-688.

Tsai CH (2018) The Challenges Facing Taiwan’s Distant-Water Fisheries: Problems of Human Rights Abuse aboard Fishing Vessels. Issues & Studies 54(2): 1840005.

Wu SC (2017) The South China Sea Arbitration Award: Implications for Fisheries Management in the Region. Ocean Development & International Law 48(4): 329-346.

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