PHL: China’s unilateral imposition of fishing moratorium in South China Sea a breach of international law

(Eagle News) — The Philippines on Tuesday, May 19, said it does not recognize China’s unilateral imposition of a fishing moratorium in the South China Sea.

In a statement, the Department of Foreign Affairs said the moratorium for the period May 1 to August 16 as announced by China’s Ministry of Agriculture and Rural Affairs covers “waters north of 12 degrees north latitude” in the body of water, and those include “areas over which the Philippines exercises sovereignty, sovereign rights, and jurisdiction.”

According to the DFA,  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 UNCLOS with respect to the Philippines’ sovereign rights over the living resources of its exclusive economic zone.”

The department said this was based on Paragraph 716 of the Award of the South China Sea Arbitration rendered on July 12, 2016, which also  affirmed the traditional and legitimate fishing rights of Filipino fishermen.

“China’s annual fishing moratorium extends far beyond China’s legitimate maritime entitlements under UNCLOS and is without basis under international law. China cannot legally impose nor legally enforce such a moratorium in the West Philippine Sea,” the department said.

“The Philippines strongly urges China to desist from any action and activity that infringes on Philippine sovereignty, sovereign rights, and jurisdiction, in contravention of international law,” it added.

Earlier, the Philippines had said it would file a diplomatic protest for “every day of delay” in the withdrawal of Chinese vessels from Julian Felipe Reef.

The National Task Force for the West Philippine Sea (NTF-WPS) earlier said that as of May 9, 287 Chinese maritime militia vessels were still in the West Philippine Sea.

Of this number, 34  were in Julian Felipe Reef.