Agreement Between The Government Of Australia And The Government Of The Republic Of Indonesia Relating To Cooperation In Fisheries
Source: http://www.austlii.edu.au/au/other/dfat/treaties/1993/18.html, downloaded 20061227
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ("the Parties");
WISHING to build further on the close bilateral relations between Australia and
Indonesia;
FULLY COMMITTED to maintaining, renewing and further strengthening the mutual
respect, friendship and cooperation between their two countries through existing
agreements and arrangements, as well as their policies of promoting constructive
neighbourly cooperation;
DESIROUS of cooperating in the field of fisheries;
RECOGNISING that both Parties exercise sovereignty, sovereign rights or
jurisdiction over adjacent maritime areas in accordance with international law,
including the 1982 United Nations Convention on the Law of the Sea;
NOTING that certain boundaries between Australia and the Republic of Indonesia
have yet to be established and that the fisheries line established under the
1981 Memorandum of Understanding concerning the Implementation of a Provisional
Fisheries Surveillance and Enforcement Line is of provisional status;
RECALLING the 1974 Memorandum of Understanding between the Government of
Australia and the Government of the Republic of Indonesia regarding the
operations of Indonesian Traditional Fishermen in Areas of the Australian
Exclusive Fishing Zone and Continental Shelf and the 1989 guidelines and
procedures for the implementation of that Memorandum of Understanding;
RECALLING their mutual interest in the rational management, conservation and
optimum utilisation of the living resources of the sea;
TAKING INTO ACCOUNT developments in the Law of the Sea;
RECOGNISING that coastal States are obliged to seek, either directly or through
appropriate subregional or regional organisations, to agree upon measures
necessary to coordinate and ensure the conservation and development of shared
stocks;
WISHING to promote the development of mutually beneficial economic, scientific
and technological exchanges relating to fisheries matters, including at the
regional level;
RECOGNISING their respective obligations under other related international
agreements;
HAVE AGREED AS FOLLOWS:
Article 1
The Parties shall facilitate cooperation in fisheries research relevant to the
conservation and optimum utilisation of marine living resources.
Article 2
1. The Parties shall exchange available information related to fisheries of
mutual interest, including:
(a) fishing catch and effort data from foreign and domestic vessels;
(b) the results of scientific research into:
(i) ecological studies;
(ii) population dynamics; and
(iii) stock distribution, abundance and assessment of sustainable yield;
(c) the development of national fisheries management programs; and
(d) fisheries monitoring, control and surveillance systems and technology.
2. The Parties shall establish channels of communication to facilitate the
exchange of information and this may include the convening of technical meetings
on marine areas or stocks of special interest to both Parties, including but not
limited to:
(a) pelagic shark;
(b) tuna;
(c) demersal finfish; and
(d) trochus.
Article 3
1. The Parties shall seek to develop complementary regimes for the conservation,
management and optimum utilisation of shared stocks, straddling stocks and
highly migratory species.
2. The Parties shall cooperate directly or through appropriate international
organisations to assure the conservation and management of marine living
resources of the high seas.
Article 4
The Parties shall facilitate cooperation through exchanges and training of
fisheries and marine conservation personnel, including managers, scientists and
students.
Article 5
The Parties shall exchange available information on technological developments
related to fisheries, including:
(a) innovations in fishing gear which assist the development of sustainable
fishing techniques;
(b) monitoring, assessing and reducing the effects of fishing on marine mammals
and other protected marine biota; and
(c) processing of fish products and other aspects of post-harvest technology.
Article 6
1. If a Party determines that it can make fisheries resources under its
jurisdiction available to nationals of the other Party, and the latter Party
wishes to exploit those resources, the Parties shall seek to establish
subsidiary agreements or arrangements between the two Governments for the
conduct of fishing operations.
2. Any such subsidiary agreement or arrangement shall specify terms and
conditions of access, including:
(a) procedures for recording vessel position, catch and effort;
(b) licence requirements;
(c) catch disposal requirements;
(d) provision for observers; and
(e) access fees.
Article 7
Each Party shall take steps intended to ensure that:
(a) its fishing vessels do not fish in areas subject to the enforcement
jurisdiction of the other Party unless authorised under this or other agreements
or arrangements or otherwise permitted under the other Party's laws;
(b) any of its fishing vessels licensed to fish in areas subject to the
enforcement jurisdiction of the other Party comply with the laws of that Party
applicable to foreign fishing vessels (including the terms and conditions of
licences) and the provisions of this and other applicable agreements.
Article 8
In the event that enforcement action needs to be taken against fishing vessels
or nationals of the other Party by a Party for offences against its laws, the
Party shall notify the other Party promptly through the diplomatic channel of
the action taken, including the results of legal proceedings involving the
vessels or persons concerned.
Article 9
The Parties shall exchange information and cooperate in regard to aquaculture.
Such cooperation may take the form of, but is not limited to:
(a) management, including environment protection measures;
(b) technological developments; and
(c) marketing.
Article 10
The Parties shall promote trade in the fisheries sector including, as
appropriate, through encouragement and facilitation of:
(a) joint ventures in the processing of fish products; and
(b) cooperation in the marketing of fish products, fishing gear and fish
processing equipment.
Article 11
Pending final delimitation of the outstanding maritime boundaries between the
two countries, the Parties shall interpret and implement this Agreement
consistently with the existing maritime boundary agreements between the Parties
and the 1981 Memorandum of Understanding concerning the Implementation of a
Provisional Fisheries Surveillance and Enforcement Line.
Article 12
1. Consultations between officials of the Parties shall be held from time to
time at the request of either Party.
2. These consultations may include technical meetings on marine areas or fish
stocks of special interest to both Parties as referred to in Article 2.
Article 13
1. This Agreement shall enter into force on the date of the later of the written
notifications by which each Party shall notify the other that it has complied
with its constitutional requirements necessary for the entry into force of the
Agreement.
2. This Agreement shall remain in force until the expiration of twelve months
from the date on which either Party shall have given notice in writing to the
other of its intention to terminate the Agreement.
Article 14
This Agreement shall be reviewed upon the expiration of five years from the date
of its entry into force.
Article 15
Nothing in this Agreement shall prejudice:
(a) the position of either Party in regard to the extent of its maritime zones;
or
(b) the 1974 Memorandum of Understanding between the Government of Australia and
the Government of the Republic of Indonesia regarding the operations of
Indonesian Traditional Fishermen in Areas of the Australian Exclusive Fishing
Zone and Continental Shelf and the 1989 guidelines and procedures for the
implementation of that Memorandum of Understanding.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective
Governments, have signed this Agreement.
DONE in duplicate at Jakarta, this twenty-second day of April 1992, in the
English language.
FOR THE GOVERNMENT OF AUSTRALIA
[Signed:]
PHILIP FLOOD
FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA:
[Signed:]
ALI ALATAS
