| Summary: | 博士 === 國立臺灣海洋大學 === 環境生物與漁業科學學系 === 99 === This research aims to analyze the content and development of the Sino-Japanese Fisheries Agreement, as well as the common practice and mechanisms adopted in Fisheries Agreements concluded between China and the surrounding countries. The research paper also discusses the evolvement and realization process of traditional fishing rights, which provides the basis for examining the effects of the Sino-Japanese Fisheries Agreement on Taiwan. In addition, we propose potential response strategies that Taiwan could take in responding to the potential effects. The summary of the research findings are as follows:
The East China Sea is a renowned shelf fishing ground, of which the marine resources are mainly shared by countries including China, Japan, Korea and Taiwan. However, due to the continuous utilization of marine resources over time and the lack of joint management of effective resources by the countries, the marine resources in the East China Sea now display signs of decline and over-utilization.
The United Nations Convention on the Law of the Sea demands mandatory bilateral fisheries agreements for the Exclusive Economic Zone (EEZ). Similar agreements that China has signed with the surrounding countries in the past include the Sino-Japanese Fisheries Agreement in 1997, the Sino-South Korean Fisheries Agreement in 2000 and the Sino-Vietnamese Agreement on Cooperation in the Beibu Gulf in 2000. These three Agreements share the following eight common mechanisms and approaches: setting up joint fisheries committees, defining overlapping waters shared by both countries as specific waters, measures for access to fishing in each other country’s fishing grounds, maintaining the order of fishery operations and maritime safety, exchange of fishery resource statistics, Cooperation on scientific fishery research, traditional fishing activities and phase-out mechanism and Agreement duration. It is suggested that these mechanisms are used as reference for negotiating better fisheries agreement terms when Taiwan negotiates with Japan or China in the future. The government should defer the defining of the EEZ for later discussion, and initially concentrate on the discussion of various fisheries issues with the surrounding countries. The focus should be placed on the joint management, joint conservation and joint utilization of marine resources in the overlapping waters in the EEZ. This will therefore protect the rights of fishermen from Taiwan.
After years of practice by various countries, by the 1970s, all countries around the world had already accepted what is now regarded as ‘traditional fishing activities’. Such activities subsequently became part of the ‘customary international law’ widely accepted and recognized by the international community and are now considered as ‘traditional fishing rights’. The ‘traditional fishing rights’ are even recognized by the International Court of Justice and adopted to help make verdicts in fisheries court cases.
Humans have long been utilizing marine resources. As we accumulate additional resource evaluation experience and better fisheries management skills, we place more emphasis on their conservation and look for more efficient ways of continuous utilization. Therefore, relevant regulations and policies have also become more stringent. This research shows that the EEZ policy entails the spirit of ‘traditional fishing rights’, emphasizing the priority of resource conservation and management based on scientific evidence. Traditional fishing activities are considered only when this aspect is managed.
Due to the unique and sensitive political relations between Taiwan and China, the two parties’ fishing industries cannot interact formally despite the parties being separated by just one strait. The adverse impact of this consequence is felt not only by the people of Taiwan and China, but also on the shared marine resources. Therefore, only by building a foundation of mutual trust can Taiwan and China work together towards effective management of the shared marine resources in the East China Sea, and thus achieve resource sustainability. This collaborative relationship will also provide solutions to fisheries disputes between the two parties and therefore maintain the order of shared fishing grounds. Furthermore, friendly gestures from China will no doubt aid fishing vessels from Taiwan to gain access and operate in the designated waters as a temporary measure.
Taiwan currently holds a unique status within the international community and has no formal diplomatic relations with Japan. Should the Taiwanese government sign a formal fisheries agreement with Japan specifically for fishing activities in waters within the EEZ of Japan, it should consider the approach used in the Agreement on Fisheries of the Yellow Sea and East China Sea between the China Fisheries Association and the Japan-China Fisheries Council, signed in 1955 by both countries’ fisheries organizations as authorized by their respective governments. By following this approach, Taiwan and Japan would authorize their fisheries organizations or relevant organizations to negotiate and sign the Fisheries Agreement, in order to solve urgent fisheries issues encountered by both parties. It is suggested that the two parties first attempt to resolve issues encountered in waters of agreed areas. Following that, they can gradually resolve problems in disputable areas. The two parties are advised to devise strategies to solve fishing rights issues based on this phased and segregated approach.
The East China Sea is a renowned shelf fishing ground of rich marine resources, and the resources are shared by Taiwan, China, Japan and Korea. In order to manage the marine resources so to achieve its sustainability, all parties sharing the resources should collaborate to establish Regional Fisheries Management Organizations to help achieve the goal.
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