Reinforcement of Japanese sea power against Illegal Fishing

Chinese fishing boats poaching in remote Japanese waters

If relations between Japan and China were not enough already strained by the issues of the Senkaku Islands and disputes over the interpretation of history, between October and November 2014 a new incident took place in a completely unexpected place that contributed to worsen
Previously, they had been sporadic cases of poaching Fishing Reef in Japanese waters by Chinese and Taiwanese vessels, but in 2014 increased exponentially.

The background of the incident and the response of Chinese Government

The Coral, especially red Coral is a very popular product in China. The Japanese media have echoed the growing popularity and rising Japanese Red Coral in China in recent times. In January 2014 Nagasaki court sentenced a suspended prison sentence Captain of a Chinese Fishing arrested in December 2013 by furtive Fishing Reef in the Gotō Islands (Nagasaki Prefecture), noting that "Tempted by the high price of Coral, whose Fishing is banned in China, sought to achieve for economic exploitation". The incident in question has as its background the popularity and price hike Coral, legally protected in China, that prompted the raid to Illegal Chinese ships in Japanese territories with high quality Red Coral, as the Miyako Islands (Prefecture Okinawa), the Gotō Islands (Nagasaki Prefecture) and Ogasawara Islands.
Red Coral is designated as a protected species of great national value in China, like the Panda and the Crested Ibis. Recognizing the importance of endangered species like the Red CoralThe Chinese government should be limited and strictly punish his fishing by Chinese fishermen at sea and in the EEZs of other countries as it does within its national territory.
One third of Chinese fishing involved in the incident were from Fujian Province and the rest, Zhejiang, two provinces where President Xi Jinping forged his political career (17 years in Fujian and Zhejiang 5).
Posts suspicious, it seems that poachers had the tacit consent of the authorities of his country -the Communist Party and the Government shore-Guard to act freely until the Japanese put an outcry or lograse stop them by

Japan limitations to take control

The Japanese government did its best to monitor and control illegal Chinese Fishery sending Coast Guard patrol.
The incident sparked understandable feelings of anxiety and stress among Japanese citizenship. And yet, order Japanese forces did everything they allowed them current legislation. At the same time, Japan's determination to keep a cool head and avoid aggravating the already deteriorated state of bilateral relations marked a visible contrast to the passivity of China.

Rights and obligations of coastal countries' EEZs

The exclusive economic zone (EEZ) is a maritime zone defined by the United Nations Convention on the Law of the Sea (CONVEMAR). According to this convention a coastal country can establish an EEZ of 200 nautical miles (about 360 km) from the coastline, within which is entitled to exploit the resources of the sea and seabed. Each coastal country has sovereignty over its EEZ and no other country can exploit or fish there without his consent. Furthermore, UNCLOS does not prohibit foreign vessels entering the EEZ, but instead guarantees the "Right of innocent passage"Ie to navigate it without being harmed.
However, every coastal country has the economic sovereignty of its EEZ, so that other countries must have their permission to conduct economic activities such as fishing and fisheries studies, resource exploration, scientific research, etc.
In line with UNCLOS, Japan established its EEZ by the Law on the Exclusive Economic Zone and Continental Shelf (EEZ Act), under which Japan has legal jurisdiction of its EEZ for activities that we list below.
Exploration and exploitation of natural resources; establishment of artificial islands, installations and structures; protection and conservation of the marine environment; MSR
Related to exploration or economic exploitation activities (other than point 1)

Excavation of the continental shelf

Implementation by officials of obligations corresponding to the points listed above and activities to prevent such obligations
With the above points, the Japanese government makes clear its economic sovereignty in the EEZ, as well as their right to prevent and punish violations of that sovereignty by foreign vessels by applying the relevant legislation.
The establishment of an EEZ is a right of all coastal countries and all coastal country to establish an EEZ has the obligation to apply the relevant national legislation in that area.

Fisheries trouble spots Furtiva China in the Ogasawara Islands

China maintains a double standard on the sovereignty of the Sea: while on the one hand violates the spirit of international marine legislation traditional and UNCLOS claiming rights EEZ excessive over the South China Sea, on the other shown extremely passive and negative when it comes to solving the problem of illegal Chinese fishing vessels operating in the EEZ of Japan.
Meanwhile, the Japanese government has taken a commendable performance line, walking on eggshells so as not to worsen relations with China and strengthening surveillance patrols, in the spirit of UNCLOS.
On the other hand, according to some media, the Coast Guard decided to pursue expel illegal fishermen EEZ rather than process them to avoid the expense and paperwork that would have meant arrest, charge and try. If you really such a policy was followed, it is an absolutely reprehensible conduct: the coastal countries benefiting from UNCLOS are bound to apply the law strictly, regardless of the reasons and circumstances.

The need for comprehensive legislation

To deal with the problem in an organized, Japan urgently needs to be added to existing laws legislation regulating integrated manner the economic activities of foreign vessels within its EEZ, either by amending the SEZ Act or by passing a new law.
Furthermore, although this time Japan tried the incursion of Chinese ships as an incident of Fisheries Furtiva, keep in mind the possibility that some of the boats should come to gather information, and prepare to protect the electronic and radio espionage.

A new approach to the full potential of Japan in the Sea

Like the last time, as a rule the Coast Guard will continue to provide this type of maritime incidents from now on.
A concrete example of an integrative model of Maritime Forces is the approach taken by the US to fight drug trafficking on the coast of Central America.
In the case of Japan, the Coast Guard and the Maritime Self-Defense Forces collaborate regularly for monitoring and control of vessels operating in the Japanese EEZ extensively.
Like the Japanese Self-Defense Forces, the US Army is subject to strict limitations when engaging in non-military missions. However, JIATF is an exception to these limitations, and today the activities of the 4th Fleet in the waters of Central America are considered essential for US counternarcotics. UU. in the region. It is time for Japan Also consider a new model that integrates all its maritime force to provide a more flexible response. Needless to say, this would require institutional reform to amend the legislation.

The Japanese government should make a move sooner the better

The mass incursion of Chinese Fishery Furtivos in the waters of the Ogasawara Islands last fall remembers an incident during the negotiations of the Treaty of Peace and Friendship between Japan and China, in April 1978, in which more than
Although Chinese fishing crisis subsided in late November with the withdrawal of vessels, represents a flagrant example of the systemic deficiencies of Japan as an independent state and points to the urgent need for a quick response from the Government. If we stand idly by, the next crisis could go well beyond illegal fishing.

SOURCE: Nippon.com