A Study on the Fishery Protection of the Coast Guard Administration Under the Diaoyutai Disputes

• Main Authors: Yeh, Ching-Chung, 葉警中
• Other Authors: Soong, Hseik-Wen
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/rgj475

碩士 === 國立中正大學 === 戰略暨國際事務研究所 === 102 === Abstract To protect the right of fisherman of this country for their operation in the overlapping area of the Exclusive Economic Sea Zone of Taiwan and Japan and to facilitate the law enforcement operation of our coast patrol organization in the related sea zone, the Executive Yuan has, in 2003, invited the related departments, the scholars and experts to discuss on the scope and related problems of the Exclusive Economic Sea Zone of Taiwan and Japan. After several months of discussions, “temporary law enforcement line of the first lot of Exclusive Economic Sea Zone of the Republic of China” has been finished, which is a safe fishing operation scope for the fisherman of our country and is also a law enforcement scope that the sea zone law enforcement organization can follow. Moreover, Japan has followed “equidistant principle” to draw “central line” on the overlapping sea zone. When both Japan and Taiwan are drawing the lines, no negotiation has been carried out, both sides not only insist on their own view points, but do not recognize each other either. After the announcement of temporary law enforcement line by our country, although part of the problems can be solved, yet the controversy is still there. When the Coast Guard Administration is enforcing the law, the situation of government ship confronting each other has happened for several times, however, no big conflict occurs due to rational control of the behavior on both sides. Ever since the government has announced “temporary law enforcement line”, our coast patrol organization has followed government’s regulation to implement law enforcement job and fishery protection job in the sea zone. However, our fishermen are occasionally driven away, banned and detained by the Japan’s government ship in the neighborhood of that sea zone. In these events, is it because our government and law enforcement organization does not do its fishery protection duty well or because our fisherman does not known the international ocean law and enter the Exclusive Economic Sea Zone as claimed by Japan or because our fisherman does not obey the rules and cross the borderline to the territory sea of other country to do fishing, well, a better way is to investigate on the existed cases before a conclusion is drawn. Today, do we have the consensus with Japan on that sea zone, how does our country keep the safety of operation of our fisherman in that sea zone and will new chance of resolution evolves for Taiwan and Japan when new fishery negotiation is launched without involving sovereignty issue. Moreover, fishery protection action and fishery protection case performed by Coast Guard Administration, the related controversial issue and the issues faced during the law enforcement in the sea field, etc. will be discussed in this paper. Key words: Coast Guard Administration, Diaoyutai, fishery protection, temporary law enforcement line, Fishery Agreement