Filipino fishermen are advised to temporarily avoid fishing in disputed areas in the West Philippine Sea/South China Sea, particularly in Scarborough Shoal (Bajo de Masinloc/Panatag Shoal), until the issue of fishing rights has been cleared through bilateral talks with China.

Presidential spokesman Ernesto Abella clarified that commercial fishing is no longer allowed in Panatag Shoal, also known as Scarborough Shoal, as part of the government’s safeguards put in place in the area. However,  artisanal or small-scale fishing is allowed.

“Scarborough is really just for artisanal fishing. Basically, artisanal fishing and it should be left alone by those who are engaged in commercial fishing,” Abella said in a Palace press briefing.

Department of Foreign Affairs Spokesperson Charles Jose pointed this out in an interview with reporters in the sidelines of the 2nd Manila Conference on the South China Sea held Wednesday at the Manila Hotel following reports that China’s Supreme Court has announced that people caught illegally fishing in Chinese waters of the South China Sea could be jailed for up to a year.

Foreign Affairs Secretary Perfecto Yasay Jr. was calling for all parties to exercise restraint and sobriety.

“The call includes Filipino fishermen because we know that China has already occupied Scarborough Shoal so we might as well wait for the issue to be cleared and how our fishermen can go back to fishing without being subjected to any form of harassment,” he stressed.

Jose noted that based on the decision of the Tribunal, Scarborough Shoal is a common fishing ground for Filipino fishermen.

“What does that mean? The waters within the 12 nautical miles of territorial sea around Scarborough Shoal, fishing is allowed but only to traditional fishermen and not those commercial fishing vessels,” Jose explained. “Traditional fishermen are the only ones allowed to enter the shoal. So as far as we are concerned, the decision is clear in this aspect.”

He said it is important for Filipino fishermen to return and be allowed to fish in Scarborough Shoal because their livelihood is affected.

“This is one of our priorities when we sit down and talk with China,” Jose said. “We all know that former President Fidel Ramos already accepted the role of special envoy to China. Maybe this will be one of those priority issues that he will raise during his meetings with the Chinese government.”

There is a low possibility of Filipino fishermen being arrested for illegal fishing since they only do their fishing within the Philippine exclusive economic zone, he said.

“And since the Tribunal has already clarified that all the features in the South China Sea are rocks and can generate 12 nautical miles of territorial sea, we clearly know the extent of our maritime entitlements and also the extent of the maritime entitlements of other claimants,” Jose said.

He emphasized that the approach of the Philippines when it comes to resolving the dispute is “peaceful settlement and rules-based.”

“Our guiding principle is peaceful settlement of disputes and rules-based approach,” said Jose. “We want to promote a rules-based regime in the South China Sea. For us the best approach is to go into a dialogue so we can reach a solution through peaceful negotiation.”

He said according to Secretary Yasay, the arbitration case has assumed a “greater significance, greater dimension.”

“Through the arbitration case, we want to promote a rules-based regime in the region,” Jose stressed. “This is what we want to achieve.”

Earlier this week, the Chinese Supreme Court said that people who illegally enter Chinese territorial waters and refuse to leave after being driven out, or who re-enter after being driven away or being fined in the past year, will be considered to have committed “serious” criminal acts and could get up to a year in jail.

Asked if the government was banning fishermen to venture into Panatag following the China SC ruling, Abella said: “It’s not that we’re not allowing our fishermen to go there. We’re simply saying that there are certain kinds of fishermen who are allowed and who should be there and can’t fish inside, those are the artisanal fishers. But at that distance, basically, there are hardly, if any at all, artisanal fishers.”

Apart from limited fishing activity in Panatag Shoal, Abella said another safeguard is the 12 nautical mile limit to Scarborough. He did not elaborate.

Source:
courtesy of MANILA BULLETIN

by Genalyn D. Kabiling and Roy C. Mabasa

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