Maritime law enforcement on border-crossing fishing vessels: Experience of Taiwan’s practices under its unique political relationship

Abstract

Due to political factors, Taiwan is separated from Mainland China. Although the two sides are only separated geographically by the Taiwan Strait, direct exchanges between them have not been possible for many years. The special relationship between the two sides of the Taiwan Strait has led to certain cross-strait relational issues, which Taiwan must enact special laws to resolve, such as the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. This Act established the “Prohibited Waters” and “Restricted Waters” to regulate the entry of the Mainland fishing vessels into the Waters surrounding Taiwan. Taiwan’s regulation of the fishing activities of Mainland fishing vessels in the “Prohibited Waters” and “Restricted Waters” is based on this Act rather than on the Fisheries Act, the Law on the Territorial Sea and the Contiguous Zone, and the Law on the Exclusive Economic Zone and the Continental Shelf. This study analyzes the unique relationship between Taiwan and Mainland China and the special laws formulated by Taiwan to deal with the issues related to Mainland China. It also explores Taiwan’s law enforcement against the Mainland fishing vessels in these Waters and the history of Taiwan’s prevention of the Mainland fishing vessels from crossing the border. This study further analyzes the methods used at different phases and their effectiveness, hoping that future dialog and negotiation between the two sides of the Taiwan Strait will work towards the sustainable use of fisheries resources in shared waters.