Thayer Consultancy Background Report:

ABN # 65 648 097 123

South China Sea: Fisheries in the
ASEAN-China Draft COC
Carlyle A. Thayer
August 5, 2018

We are writing a report on fisheries in the South China Sea and have taken note of
your report on the Single Draft South China Sea Code of Conduct Negotiating Text.
We request your response to two questions below:
1) What chance do you think that China's offer to cooperate in helping to conserve
fishing resources might get the approval of the ASEAN nations? Or at least a few of
those nations?
ANSWER: The depletion of fish stock in the South China Sea through pollution and
overfishing is a food security issue that faces all littoral states.
In addition, all states that have ratified the United Nations Convention on the Law of
the Sea have a responsibility to cooperate to preserve the marine environment in
the South China Sea as a semi-enclosed sea. And all ASEAN members agreed in 2002
that marine environmental protection of one of their top five priorities for
cooperation in the Declaration on Conduct of Parties in the South China Sea.
Numerous academic papers on cooperation in fisheries have been presented at
international conference on the South China Sea. On the face of it ASEAN members
individually and collectively should have no objection in principle to fisheries
cooperation.
The key issue is how is such cooperation to be organized and managed? And what
about the participation of Taiwan, that has a very large fishing fleet? Ideally, fisheries
cooperation could come under the ambit of a non-governmental body or it could be
held under the auspices of APEC (whose members are economies not states).
A universal word search for fishermen and fisheries in the ASEAN-China Single Draft
South China Sea Code of Conduct Negotiating Text yields three references. The most
substantial is an option proposed by China (identified as CH in the text). It reads:
Option 3: [CH]
3. The Parties undertake to carry out, on a voluntary basis, practical maritime
cooperation in but not limited to the following areas:
a. Development and conservation of fishing resources. The Parties concerned can
cooperate on fish restocking, protecting endangered aquatic animals, in
personnel training and exchanges and in other fields to promote sustainable
 2

development of the fishing industry. The Parties concerned will enhance

coordination on national fishing policies and positions, and work together to
make arrangements for the fishing off season…
The other two references do not address cooperation in fisheries directly. For
example, the second reference to fishermen in the Single Draft was tabled by the
Philippines (PH). It reads:
g. The Parties shall respect the exercise of traditional fishing rights by fishermen,
regardless of nationality, provided it is consistent with international law, and
shall, for this purpose, permit their access to features and fishing grounds. [PH]
The third reference to fishing in the Single Draft was a combined proposal by
Indonesia (ID) and Singapore (SG). It reads:
Option 2: [ID, SG]
3. Pending a comprehensive and durable settlement of their disputes, the Parties
concerned may explore or undertake cooperative activities. These may include
the following… e. combating transnational crime, including but not limited to
trafficking in illicit drugs, [ID: illegal fishing,] piracy and armed robbery at sea, and
illegal traffic in arms.
2) When China proposes keeping foreign companies out of cooperation on the
marine economy, I assume that this is addressed to the issue of drilling for oil and
gas. Have I got that right?
ANSWER: Absolutely, you are correct. China’s submission reads:
Option 2 (CH) e. Marine economy. The parties will enhance cooperation on
aquaculture and oil and gas exploration. The parties will explore the
development of a South China Sea blue economy pilot zone and promote
economic integration of the littoral states to the South China Sea. Oil and gas
exploration and development in disputed waters shall be carried out through
coordination and cooperation among the littoral states to the South China Sea,
and shall not be conducted in cooperation with companies from countries
outside the region.

Suggested citation: Carlyle A. Thayer, “South China Sea: Fisheries in the ASEAN-China
Draft COC” Thayer Consultancy Background Report, August 5, 2018. All background
briefs are posted on Scribd.com (search for Thayer). To remove yourself from the
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registered as a small business in Australia in 2002.