Philippines protests China’s
South China Sea fishing ban

Photo from the Philippine Coast Guard.

By Manuel Mogato | Date 05-31-2024

Manila — The Philippines has strongly protested China’s unilateral imposition of a four-month fishing ban in the South China Sea as a violation of the international law on the sea.

In a statement, the Philippines’ foreign ministry the annual fishing ban would cover the country’s maritime zone, where it has sovereignty, sovereign rights, and jurisdiction.

“The Philippines called on China to cease and desist from the conduct of illegal actions that violate the Philippines’ sovereignty, sovereign rights, and jurisdiction in its maritime zones,” the foreign ministry statement said.

It also called on Beijing to comply with its obligations under international law, particularly the 1982 UNCLOS and the final and binding 2016 Arbitral Award; and, adhere to its commitments under the 2002 Declaration on the Conduct of Parties in the South China Sea. 

China’s fishing ban begins on May 1 and ends on September 16. It would cover areas north of the 12 degrees North latitude. 

Through a diplomatic note,  the Philippines protested the fishing ban, citing paragraph 716 of the final and binding 2016 Arbitral Award on the South China Sea states that “China, by promulgating its moratorium on fishing in the South China Sea without exception for areas of the South China Sea falling within the exclusive economic zone of the Philippines and without limiting the moratorium to Chinese flagged vessels, breached Article 56 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) with respect to the Philippines’ sovereign rights over the living resources of its exclusive economic zone.” 

The Philippines also stressed the unilateral imposition of the fishing moratorium raises tensions in the West Philippine Sea and the South China Sea.

It also directly contravenes the understanding between President Ferdinand R. Marcos Jr. and Chinese President Xi Jinping to manage differences through diplomacy and dialogue and to de-escalate the situation at sea. 

Filipino fishermen feared the ban might lead to arrest in areas near Bajo de Masinloc if they violated the ban.

China has warned it will start arresting “trespassers” within its sovereign waters which included areas within the Philippines’ 200 nautical miles exclusive economic zone.

Defense Secretary Gilberto Teodoro has said China’s new Coast Guard regulations were a clear provocation.

China claims almost the entire South China Sea, a strategic waterway where more than $3 trillion in annual ship commerce passes. 

The Philippines, Vietnam, Malaysia, Taiwan, and Brunei had conflicting claims in the South China Sea.