Top court clarifies law at sea

Interpretation specifies sanctions for illegal fishing, entry in sovereign waters

Fishermen illegally operating in waters administered by China will face tougher sanctions than being merely moved on, as has been the common practice until now, the top court has said.

The Supreme People's Court issued a judicial interpretation on Aug 1 specifying standards for convicting and punishing those engaged in illegal fishing or entry into Chinese territorial waters and refusing to obey orders to leave.

Such acts will be considered as "serious criminal acts", and those responsible will be fined and sentenced up to months in prison, detention or surveillance. In addition, Chinese and foreign nationals will be held criminally liable for illegally killing endangered wildlife in waters under Chinese jurisdiction.

The interpretation is aimed at helping Chinese maritime authorities better deal with thorny cases of infringements on sovereignty and economic rights, and of ecological crime in the South China Sea and East China Sea.

The rules, which took effect on Aug 2, are "China's first full-scale judicial interpretation on maritime crimes", according to the top court.

Chen Chang, head of an observation and research station of the Chinese Academy of Social Sciences' South China Sea Institute of Oceanology, says before the interpretation, Chinese law had difficulty in effectively restraining illegal fishing by neighboring countries, such as Vietnam.

Chen, who studies the deep waters off the Xisha and Nansha islands in the South China Sea, says some foreign fishermen had resorted to poison or even explosive devices to get their catch, seriously damaging the coral reefs.

Chinese authorities had few options but to drive them away, "which is not conducive to effective management or deterrence", he says, adding that the new interpretation "offers viable provisions and a basis to support law enforcement".

Under the interpretation, seas under China's jurisdiction include not only inland waters and territorial seas, but also such areas as contiguous zones, exclusive economic zones and continental shelves.

The interpretation covers Chinese citizens as well as organizations engaged in fishing in fishing zones or waters under joint management of China and other countries.

Wang Hanling, director of CASS' National Center for Ocean Affairs and the Law of the Sea, says it is the first time Chinese law has covered fishery zones jointly managed by China and neighbors.

Wang points out that under the interpretation, both Chinese and foreign citizens who engage in illegal activity in the waters will be punished.

zhangyunbi@chinadaily.com.cn

(China Daily Africa Weekly 08/05/2016 page15)