Photo courtesy of the Central News Agency

Okinotori Reef:Key Facts

Ministry of Foreign AffairsRepublic of China (Taiwan)

I . Where is Okinotor i Reef?

Approx. 1,500 km east-south-east of Taiwan

20°25’ N, 136°04’ E

Administrative jurisdiction: Ogasawara Village, Tokyo, Japan

Area: Approx. 9 sq. m (formed by two sets of rocks; no fresh water; human habitation not possible without supplies from elsewhere)

Japan

Republic of China (Taiwan)

Under sovereignty of Japan

I I . Reef or is land?Article 121 of UNCLOS on the regime of islands states the following:

1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.

3. Rocks which cannot sustain human habitation or economic l i fe of their own shall have no exclusive economic zone or continental shelf.

2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.

Okinotori has no fresh water and cannot sustain human habitation.

Okinotori is above water at high tide.

I I I . Can an EEZ be claimed?A 200-nm EEZ can be claimed for islands

Only 12 nm of territorial waters and a 12-nm contiguous zone can be claimed for rocks (UNCLOS Article 121)

Since Okinotori is a reef, an

EEZ cannot be claimed.

IV. Do Japan’s actions in and around Okinotori affect its status?

According to international law, man-made facilities do not confer island status on a rock. Japan thus cannot claim a 200-nm EEZ surrounding Okinotori.

1987 1996 June 17, 2005 March 2007 November 2008 May 2010 2012年 2013年

Japan builds breakwaters.

Japan erects a stele (w:1.5 m; h: 1.5 m) and dispatches personnel to guard the reef.

The CLCS agrees that the continental shelf of the Shikoku Basin Region may be extended, but delays decision on Southern Oki-Daito Ridge Region

Japan submits application to UN Commission on the Limits of the Continental Shelf (CLCS) concerning outer limit of continental shelf.

Japan announces 200-nm EEZ surrounding Okinotori.

Japan establishes a lighthouse.

Japan passes a law on development of base facilities and preservation of low-tide line, creating legal basis for building facilities on Okinotori.

Japan starts to build port bay.

On April 25, 2016, the ROC fishing boat Dong Sheng Ji No. 16 encountered a Japanese government vessel at 150 nm east-south-east of Okinotori. The Japanese vessel followed the ROC boat and seized it at 212.9-nm east-south-east of Okinotori.

On April 26, the ROC boat was released after its owner paid a security deposit of 6 million yen.

This incident occurred on the high seas (Okinotori can only claim territorial waters of 12 nm). ROC fishing boats should be able to operate freely in this area, and Japan has no right to seize them.

V. Japan seizes ROC fishing boat

The Japanese vessel followed the

ROC boat and seized it at 212.9-nm

east-south-east of Okinotori.

150 nm east-south-east of Okinotori

Okinotori

Approx. 1,500 km east-south-east of Taiwan

Japan

Republic of China (Taiwan)

VI. How has the ROC Ministry of Foreign Affairs handled the incident?

On the evening of the day the incident took place, the ROC

gov’t issued a strong protest in both Taipei

and Tokyo.

The ROC gov’t demanded that Japan quickly

return the security deposit paid by the owner of the seized

ROC boat.

A cross-agency task force was

convened to formulate a response.

Press releases were issued to

convey the ROC’s solemn position.

President Ma Ying-jeou conveyed the ROC’s position to Chairman

Nobuo Kishi of the Committee on Foreign Affairs and

Defense of Japan’s House of Councillors.

In three separate meetings with Chief

Representative of the Interchange Association (Japan)

Mikio Numata, Minister of Foreign Affairs David Lin requested that

Japan pledge to no longer seize ROC fishing boats

and quickly start negotiations with

the ROC.

VII. Have there been similar incidents in the past?

October8,2005 June13,2012

The ROC fishing boat Long Rong No. 2 was seized in waters near Okinotori; it was released on October 11 after its owner paid security deposit of 4.083 million yen.

The ROC fishing boat Jin De Cheng was seized in waters near Okinotori; it was released on June 15 after the ROC representative office in Japan, at the request of the Council of Agriculture, paid a bond of 4 million yen on behalf of the boat’s owner; this bond has not been returned by Japan.

The ROC has never recognized Japan’s claim of a 200-nm EEZ surrounding

Okinotori.

The ROC gov’t issued protests and declared it

did not recognize Japan’s claims.

VI I I . Conclusion1. The ROC has long maintained that Okinotori is a reef, and not an island

that can sustain human habitation and an economic life of its own. Therefore, Japan cannot claim a 200-nm EEZ surrounding Okinotori.

2. The seizure of ROC fishing boats and subsequent exaction of security deposits by Japan has infringed on the rights of ROC fishermen to operate on the high seas.

3. The ROC strongly defends the freedom to fish on the high seas. It will continue to safeguard fishing rights in such waters and protect the interests of ROC fishermen.

4. The ROC calls on Japan to start negotiations on fisheries issues, so as to find arrangements acceptable to both sides in a peaceful manner.