South Africa Fines Chinese Vessels for Unauthorized Entry into Territorial Waters

South Africa fined four Chinese fishing vessels 400,000 rand for entering its waters without permission. The vessels had improperly applied for Off-Port Limits authorisation and were tracked switching their AIS on and off along the KwaZulu-Natal and Eastern Cape coasts before leaving.

South Africa has intercepted four Chinese-flagged fishing vessels for entering its territorial waters without authorisation, according to the country’s fisheries minister. The vessels, owned by Shenzhen Shuiwan Pelagic Fisheries, were taken under guard by police and fishery control officers at the Port of Cape Town. Following the interception, authorities charged the masters of the vessels and imposed an administrative penalty of 400,000 rand, equivalent to $24,118. The vessel owner promptly paid the fine, after which the vessels were allowed to leave South African waters.
The incident began when the vessels initially sought permission on February 23 to pass through South Africa's Exclusive Economic Zone under the principle of “innocent passage,” a provision allowing foreign vessels to transit national waters without engaging in prohibited activities. However, the vessels later applied for Off-Port Limits (OPL) authorisation, which requires specific justification and documentation. Their application did not meet the necessary requirements, and it was subsequently rejected. Investigations further revealed that while their OPL request was still under consideration, the vessels had already entered South Africa’s territorial waters, a clear breach of national maritime law.
Authorities also observed that the vessels had repeatedly switched their Automatic Identification System (AIS) on and off while in South African waters. This is a violation of South African regulations, which mandate that all foreign vessels keep their AIS active to ensure continuous tracking while transiting national maritime zones. The vessels were first detected within 12 nautical miles of the KwaZulu-Natal coast and were later tracked along the Eastern Cape coastline. The repeated switching of AIS by the vessels raised concerns among maritime authorities about the potential for illicit activity and the deliberate avoidance of detection while operating in restricted areas.
In response to the incident, South Africa’s Forestry, Fisheries and Environment Minister Willie Aucamp stated that the country will not tolerate the unlawful use of its maritime zones. The enforcement of these laws highlights South Africa’s commitment to maintaining sovereignty over its territorial waters, protecting marine resources, and ensuring compliance with international maritime regulations. The case underscores the broader challenge of monitoring and regulating foreign vessels operating near national waters, especially when they attempt to bypass established procedures or intentionally conceal their movements