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Following rows over naval confron- tations in the South China Sea in December 2013, the US and China kicked off 2014 with another exchange of accusations, ranging from China’s amendment to fisheries regulations to speculation that Beijing is preparing to announce a second Air Defense Identification Zone （ADIZ） in the region to match the one established in the East China Sea.
‘New’ Rule
The new rules, passed in November 2013 which became effective January 1, 2014, require foreign fishing vessels to obtain approval to “enter waters under the jurisdiction of Hainan Province.”
Given the sensitivity of territorial disputes in the South China Sea, the amendment has attracted much criticism. “The passing of these restrictions on other countries’ fishing activities in disputed portions of the South China Sea is a provocative and potentially dangerous act,” said US State Department spokeswoman Jen Psaki on January 9.
The US has taken the position that the new restrictions run counter to efforts to resolve territorial disputes multilaterally.
Following an initial mild response that it would seek “clarification” from Chinese authorities through its embassy in Beijing, the Philippines later criticized the new regulations as a “gross violation of international law” that “threatens the peace and stability of the region.”
In response, China’s Foreign Ministry spokeswoman Hua Chunying said in a daily news briefing on January 10 that “China has the right and responsibility to regulate relevant islands and reefs according to international and domestic law.”
“For more than 30 years, China has implemented its relevant fisheries regulations in a normal way, and has never caused any tension,” said Hua. “China’s claim over the South China Sea is consistent and clear, and does not need a local regulation to strengthen it,” he added.
“If someone feels that these technical amendments made to local fisheries regulations which became effective many years ago will cause tensions and pose a threat to regional stability, then I can only say that such feelings either stem from a lack of common sense, or are based on an ulterior motive.”
For many Chinese officials and experts, this criticism is a new US effort to “hype the China threat,” pointing out that the “new”rules are nothing new at all.
The rubric of China’s new regulations is well-established. A requirement for foreign fishery vessels to obtain approval prior to entering waters under China’s jurisdiction appears in China national fisheries law, in effect since 1986. According to the law, foreign vessels can be apprehended and face up to 500,000 yuan （US$82,600） in fines if they fail to obtain approval from relevant government departments.
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