It has been some time now that Chinese fishing vessels have intruded on Korea’s exclusive economic zone. But the increasing intensity of illegal fishing has now reached at a tipping point and threatens the livelihood of small fishing towns along the west coast.
Illegal fishing does not simply entail a maritime game of cat-and-mouse. Video footage shows fierce physical confrontations between maritime policemen and Chinese fishermen at the maritime border.
As for the Chinese fishing boats, the Korean EEZ is too lucrative to ignore, with abundant fish stocks and diverse species. The sheer number of fishing boats has rendered the already thinly stretched coast guard unable to effectively cope with the new development. Worse yet, law enforcement activities in the maritime zone are subject to inherent limitation as fishing boats can easily flee to North Korean waters.
Frustrated Korean fishermen now turn to dangerous self-help by capturing illegal fishing boats themselves and turning them over. Amid mounting criticism, the government sent in military patrol boats in the demilitarized maritime zone between the two Korea for the first time since the Armistice Agreement was concluded in 1953. Talk of tougher action is now referring to even a zero-tolerance response.
Indeed, illegal fishing is a global problem which is the top priority of the U.N. Food and Agriculture Organization and other regional fisheries management organizations. Experts and scientists classify illegal fishing as one of the most urgent issues facing the global community due to the destructive nature of such fishing activities. The recent development in the Yellow Sea shows why their concerns and predictions are so valid.
This issue has long been on the diplomatic table between the two countries, but there is still no effective solution in sight. China has also been trying to address this chronic problem, but apparently the penalties it imposes are too small in comparison to the commercial gain at stake. Chinese coastal communities depend on fishing for their household income; according to the FAO, the consumption of fish in China has increased almost 6 percent each year for the past two decades, making fishing more lucrative than ever. As long as there are strong economic incentives, illegal fishing is bound to continue if not increase.
So, unfortunately, the reality is that any significant change in the frequency and intensity of illegal fishing is not expected any time soon. Nor is it likely that there is any quick solution to the problem.
Startled by the surge of illegal fishing, tougher countermeasures are now being called for. Tougher actions will certainly help curb illegal fishing in Korean waters. But they will only provide temporary relief; the strong economic incentives will continue to drive EEZ intrusion by Chinese fishermen. The limited human and financial resources of law enforcement agencies will simply be unable to deal with all the occurrences of illegal fishing.
It is only the determination of the Chinese government that can curb illegal fishing of its own fishers. To bring this about, a mere request for cooperation through diplomatic channels will not be sufficient. Perhaps specific targets for a reduction in the frequency and amount of illegal fishing should be established bilaterally, to be monitored and checked on a regular basis. Information on fishermen and vessels engaged in illegal fishing can be provided to China, so that specific follow-up actions can be taken and shared.
At the same time, the government’s official reference to zero-tolerance would not be wise at this juncture. Well, there are rules and procedures that should be followed in enforcing Korea’s EEZ Act, so caution needs to be taken in using these terms. Treating violations of the EEZ Act as some sort of a national crime stokes an emotional response, and an emotional response usually does not help deal with a sensitive issue with a neighboring country, like this one.
By Lee Jae-min
Lee Jae-min is a professor of law at Seoul National University. -- Ed.