6
K. Zou
the Chinese side, Japanese bigger fishing boats usually took advantages in catches.
Complaints from the Chinese fishermen were submitted to their government.
In addition, because of the Cold War and the hostility between China and Japan at
that time, the two countries did not recognize each other.
12 China was not happy to
see so many Japanese fishing boats operating along the Chinese coast, and decided to
take necessary protective measures for the interests of its own fishermen as well as for
the conservation of the fishery resources. The arrest and detention action started with
the first seizure of the Japanese fishing boat Dai-Ichi Unzen-Maru on 7 December
1950. As a result, China arrested altogether 158 Japanese fishing boats and 1,919
crewmembers between December 1950 and July 1954.
13
In order to avoid such conflicts and to maintain a normal fishing order in the East
China Sea, China and Japan began to discuss the fishery matters. Since there was no
official diplomatic tie between the two, the authorized parties for negotiation were
non-governmental entities (despite whether it was in the name). In June 1955, a first
(non-governmental) fishery agreement was reached between the Japan-China Fisheries Council (originally known as Japan-China Fisheries Enterprise Association)
and the China Fisheries Association. From 1955 to 1975 except for the period from
June 1958 to November 1963, three non-governmental fishery agreements (1955,
1963 and 1965) were negotiated and implemented, and they played a very critical
role in establishing and developing fishery relations between China and Japan.
The non-governmental agreements usually contained the agreements themselves,
annexes and other related documents such as memoranda, and covered the sea areas
north of 27° N excluding Chinese coastal waters. Fishing zones (6 zones for trawling
and 3 for seine operations) were established by way of limiting the maximum number
of fishing boats and fishing seasons. For some areas, the horsepower of fishing boats
was also limited. Limitations on the length of fish and the mesh size of fishing
nets were imposed. These arrangements were comparable to the Chinese domestic
regulations concerning the fisheries in the East China Sea. In June 1955, China
promulgated the Order on the Motor Trawl Prohibition Zones in Bohai Sea, the
Yellow Sea and the East China Sea which was designed to change by decree such
zones provisionally established in 1950 to be permanent ones.
14 The agreement
established a joint fishery commission, comprised of three members from each of
the two sides, which helped to implement the agreement.
15 The total trawl fishery
catch under the agreement was 200,000 tons, covering a variety of demersal fishes,
such as croaker and hairtail, and the number for purse seine catches was 300,000
tons centring on mackerel and jack mackerel.
16 What is remarkable in the fishery
12 Japan still maintained its diplomatic ties with the Republic of China on Taiwan at that time.
13 See Zengo Ohira and Terumichi Kuwahara, “Fishery Problems between Japan and the People’s
Republic of China”, Japanese Annual of International Law, Vol. 3, 1959, at 109 and 111.
14 Text is in http://www.china-fishery.online.sh.cn/09-sjzl/02-FL/FALV068.HTML.
15 The Japanese side proposed that the commission conduct a joint scientific survey, but China
refused this on the ground of its three principles, i.e., self-reliance, independence, and achievement
of a planned economy. See Shoichi Tanaka, “Japanese Fisheries and Fishery Resources in the
Northwest Pacific”, Ocean Development and International Law, Vol. 6, 1979, at 184.
16 Tanaka, ibid., at 184.
K. Zou
the Chinese side, Japanese bigger fishing boats usually took advantages in catches.
Complaints from the Chinese fishermen were submitted to their government.
In addition, because of the Cold War and the hostility between China and Japan at
that time, the two countries did not recognize each other.
12 China was not happy to
see so many Japanese fishing boats operating along the Chinese coast, and decided to
take necessary protective measures for the interests of its own fishermen as well as for
the conservation of the fishery resources. The arrest and detention action started with
the first seizure of the Japanese fishing boat Dai-Ichi Unzen-Maru on 7 December
1950. As a result, China arrested altogether 158 Japanese fishing boats and 1,919
crewmembers between December 1950 and July 1954.
13
In order to avoid such conflicts and to maintain a normal fishing order in the East
China Sea, China and Japan began to discuss the fishery matters. Since there was no
official diplomatic tie between the two, the authorized parties for negotiation were
non-governmental entities (despite whether it was in the name). In June 1955, a first
(non-governmental) fishery agreement was reached between the Japan-China Fisheries Council (originally known as Japan-China Fisheries Enterprise Association)
and the China Fisheries Association. From 1955 to 1975 except for the period from
June 1958 to November 1963, three non-governmental fishery agreements (1955,
1963 and 1965) were negotiated and implemented, and they played a very critical
role in establishing and developing fishery relations between China and Japan.
The non-governmental agreements usually contained the agreements themselves,
annexes and other related documents such as memoranda, and covered the sea areas
north of 27° N excluding Chinese coastal waters. Fishing zones (6 zones for trawling
and 3 for seine operations) were established by way of limiting the maximum number
of fishing boats and fishing seasons. For some areas, the horsepower of fishing boats
was also limited. Limitations on the length of fish and the mesh size of fishing
nets were imposed. These arrangements were comparable to the Chinese domestic
regulations concerning the fisheries in the East China Sea. In June 1955, China
promulgated the Order on the Motor Trawl Prohibition Zones in Bohai Sea, the
Yellow Sea and the East China Sea which was designed to change by decree such
zones provisionally established in 1950 to be permanent ones.
14 The agreement
established a joint fishery commission, comprised of three members from each of
the two sides, which helped to implement the agreement.
15 The total trawl fishery
catch under the agreement was 200,000 tons, covering a variety of demersal fishes,
such as croaker and hairtail, and the number for purse seine catches was 300,000
tons centring on mackerel and jack mackerel.
16 What is remarkable in the fishery
12 Japan still maintained its diplomatic ties with the Republic of China on Taiwan at that time.
13 See Zengo Ohira and Terumichi Kuwahara, “Fishery Problems between Japan and the People’s
Republic of China”, Japanese Annual of International Law, Vol. 3, 1959, at 109 and 111.
14 Text is in http://www.china-fishery.online.sh.cn/09-sjzl/02-FL/FALV068.HTML.
15 The Japanese side proposed that the commission conduct a joint scientific survey, but China
refused this on the ground of its three principles, i.e., self-reliance, independence, and achievement
of a planned economy. See Shoichi Tanaka, “Japanese Fisheries and Fishery Resources in the
Northwest Pacific”, Ocean Development and International Law, Vol. 6, 1979, at 184.
16 Tanaka, ibid., at 184.