The Capture of a Chinese Fishing Vessel Off Nagasaki Reflects a Turning Point in Maritime Law Enforcement

In the early morning of February 13, a fisheries inspector from the Fisheries Agency captured a Chinese fishing vessel approximately 170 kilometers southwest of Onoshima, Goto City, Nagasaki Prefecture, and arrested the captain, Zheng Nianli (47), on suspicion of ignoring a stop order and obstructing an inspection.

This incident is noteworthy not for the superficial record of law enforcement, but for the strategic context behind it. According to Kyodo News, this is the first time since 2022 that the Fisheries Agency has captured a Chinese fishing vessel. The three-year gap suggests a cautious shift in Japan's maritime law enforcement posture and an enhancement of maritime management against China under the administration of Sanae Takaichi.

The Reality of Law Enforcement as Told by the Numbers

According to the Fisheries Agency's 2024 annual report, there were only seven onboard inspections last year. The only foreign fishing vessel captured was a Taiwanese ship, with no Chinese vessels included. While there were 18 cases of confiscation of illegal fishing gear, the exercise of coercive measures such as captures was extremely limited.

There is a reason for this caution. The capture of Chinese fishing vessels is not merely about enforcing fishing laws; it comes with diplomatic tensions. Particularly during the previous administration, there was a strong voice within the Japan Coast Guard and the Fisheries Agency emphasizing the "overall situation" of Japan-China relations, and on-site law enforcement officers have been constrained by an invisible "political consideration."

Changes Under the Takaichi Administration

The fact that this capture occurred under the Takaichi administration, which was inaugurated in October of last year, is not a coincidence. Since taking office, Prime Minister Takaichi has made a clear stance of toughness against China, and in the House of Representatives election on February 8, the Liberal Democratic Party achieved a historic victory with 316 seats. With a solidified political support base, there is a decreasing tendency for "restraint" in maritime law enforcement as well.

Chief Cabinet Secretary Minoru Kihara stated at a press conference on the 14th, "We will respond resolutely through enforcement activities to prevent and deter illegal operations by foreign fishing vessels." The choice of the word "resolutely" marks a clear shift from the past ambiguous expressions like "cautiously" and "appropriately."

The Strategic Significance of EEZ Law Enforcement

Japan's Exclusive Economic Zone (EEZ) covers approximately 4.47 million square kilometers, about 12 times the land area of the country. To effectively control this vast maritime area, it is essential not only to make legal claims but also to accumulate actual law enforcement activities.

When I was in the Japan Maritime Self-Defense Force, a senior officer taught me: "Maritime interests cannot be protected merely by claiming them. They can only be maintained by continuously demonstrating the ability to exist, enforce, and exclude."

This capture has made visible Japan's law enforcement capability and will in the southwestern waters of the Goto Islands. China is not remaining silent. Foreign Ministry spokesperson Lin Jian stated on the same day that Japan should "strictly adhere to the China-Japan fisheries agreement, conduct law enforcement fairly, and protect the safety and legitimate rights and interests of Chinese fishermen." The phrase "fairly" implies that Japan's law enforcement is "unjust."

The Maritime Strategy Behind the Fishing Vessel Capture

The captured fishing vessel is a medium-sized fishing boat known as a "tiger net fishing vessel," which catches mackerel and horse mackerel. With 11 crew members, it is highly likely that it was operating as a commercial fishing operation. However, it is not guaranteed that China's "fishing vessels" are solely engaged in pure civilian fishing.

In recent years, China has organized fishing vessels as "maritime militia" and has utilized them as vanguards for asserting maritime interests. There are always large numbers of Chinese fishing vessels involved in the occupation of Scarborough Shoal in the South China Sea and territorial intrusions around the Senkaku Islands. Japan's law enforcement agencies cannot be unaware of this background.

This capture can be interpreted as a signal that Japan is beginning to more actively counter China's maritime expansionism in the "gray zone." The posture of responding "resolutely" to illegal operations within the EEZ may also extend to strengthening law enforcement in the waters around the Senkaku Islands and the Sea of Japan.

Remaining Questions

However, one question remains. Why was the captain released on the same day after paying a bail?

In cases of violations of Japan's fisheries laws, it is customary for the captain of the violating vessel to be released upon payment of bail (security deposit). However, despite being a symbolic capture described as "the first since 2022," the swift release raises questions about the "seriousness" of law enforcement.

If Japan truly intends to strengthen maritime law enforcement, it should have thoroughly pursued criminal prosecution and clearly sent the message to China that "the cost of illegal operations is high." The "gentle handling" of releasing the captain on bail may still indicate that diplomatic considerations remain.

Future Developments

The Takaichi administration's strengthening of maritime law enforcement is likely to continue. In the regular Diet session convening on February 19, discussions are expected on increasing defense spending and expanding the budget for the Japan Coast Guard. Strengthening "effective control" over the seas is one of the pillars of the administration's policy toward China.

However, strengthening law enforcement will provoke a backlash from China. In response to this capture, the Chinese Foreign Ministry immediately issued a statement. If similar incidents occur frequently in the future, the risk of physical confrontation at sea will also increase.

The real challenge is how to strengthen law enforcement while avoiding unforeseen circumstances. Since 2012, there has been a maritime and aerial communication mechanism between Japan and China, but its effectiveness is limited. If the Takaichi administration strengthens maritime law enforcement, it must also enhance the crisis management framework simultaneously. Otherwise, a small capture incident off Nagasaki could trigger an unexpected maritime confrontation.