China may struggle to enforce new fishing regulations in disputed South China Sea

Originally published on January 16, 2014

China may struggle to enforce new fishing rules issued to restrict fishing by foreign vessels in disputed areas of the South China Sea due to difficulties in establishing a centralised coastguard, according to a Chinese official quoted by the South China Morning Post.

Beijing claims almost the entire oil- and gas-rich South China Sea as its own. Since January 1st it issued new regulations requiring foreign fishermen to seek Beijing's approval to operate in the disputed waters.

It is the first time China has made a clear legal claim to the disputed waters claimed by Vietnam, Philippines, Malaysia, Brunei, and other states in the region.

According to the new regulations, any foreign fishing vessel entering the disputed area without permission will have its catch confiscated by Chinese marine surveillance and will be expelled along with a 500,000 yuan (USD 82,700) fine.

To enforce the new rules China integrated four sprawling maritime law enforcement entities into a unified coastguard in an effort to make the coastguard more efficient and responsive.

But, according to Lin Yun, director of legal affairs for the Hainan Department of Ocean and Fisheries, preparations to reform the coastguard are only half complete.

"The merger [of the four law enforcement agencies] has not been smooth as this involves too many personnel and the restructuring of bureaucracies and their responsibilities," Lin told the Post.

Despite the continuing build-up of maritime enforcement capabilities, China allegedly still lacks sufficient maritime patrol aircraft and naval vessels to consistently cover this vast area.

According to the South China Morning Post, "A report by the International Crisis Group in 2012 said Chinese law enforcement vessels risked causing international incidents in the absence of legal clarity on which waters should be considered under Beijing's jurisdiction."

Among the most critical countries of China's claims are The