Subsidiary Agreement Between The Government Of Australia And The Government Of Japan Concerning Japanese Tuna Long-Line Fishing
Source: Giordano
The Government of Australia and the Government of Japan,
PURSUANT to the provisions of paragraph 2 of Article II of the Agreement on Fisheries between the Government of Australia and the Government of Japan, signed at Canberra on the seventeenth day of October, 1979 (hereinafter referred to as "the Head Agreement"), and
WISHING to establish the detailed procedures for the conduct of tuna long-line fishing operations by fishing vessels of Japan (hereinafter referred to as "the vessels") within the Australian fishing zone (hereinafter referred to as "the Zone") and for the issuance of licences by the Government of Australia,
HAVE AGREED as follows:
Article I
The Government of Australia shall, in accordance with the provisions of the Head Agreement, issue licences for the vessels, the number of which shall not exceed 350, subject to payment to the Government of Australia of a fee of one million, four hundred and forty thousand Australian dollars for all the vessels to be licensed and for the period of validity of this Subsidiary Agreement.
Article II
1. The Government of Australia shall, by the licences issued for the vessels referred to in Article I of this Subsidiary Agreement, permit those vessels to take within the Zone all species of tuna and bill- fish , together with all other species of finfish including oceanic sharks which are incidentally caught:
(a) by the use of floating long-lines, except in the areas and at the times for each of those areas specified in the Appendix I to this Subsidiary Agreement, and except in the area specified in the Appendix II to this Subsidiary Agreement, which form an integral part hereof; and
(b) by the use of hand-lines, in the area of the Coral Sea bounded to the north by the parallel of Latitude 12 South, to the south by the parallel of Latitude 2221'30" South and to the west by the line described in paragraph B of the Appendix I to this Subsidiary Agreement.
2. (1) The Government of Australia shall, by the licences issued for 22 vessels out of the
vessels referred to in Article I of this Subsidiary Agreement, permit those vessels to take within the Zone all species of tuna and bill- fish , together with all other species of finfish including oceanic sharks which are incidentally caught, by the use of floating long-lines, in the area specified in the Appendix II to this Subsidiary Agreement, from 31 March at 1400 hours GMT until the completion of a cumulative total of 830 vessel-days or until 15 August at 1400 hours GMT, whichever occurs sooner.
(2) For the purpose of sub-paragraph (1) above a vessel-day shall be a period of one day or any part thereof during which time any one of the 22 vessels referred to in the sub-paragraph is operating in the area specified in the Appendix II to this Subsidiary Agreement.
Article III
The Government of Australia and the Government of Japan recognise that it might not be possible for a vessel to prevent parts of its long-line from drifting into an area of the Zone at the time when that vessel is not permitted to take fish in that area in accordance with the provisions of Article II of this Subsidiary Agreement. Cases verified by the Government of Australia as cases in which the drifting of a part of a long-line into such an area cannot reasonably be avoided shall not be regarded as infringements of this Subsidiary Agreement.
Article IV
1. The Government of Australia, subject to the relevant laws and regulations of Australia, undertakes to permit the vessels licensed under this Subsidiary Agreement to enter the ports of Brisbane, Sydney, Hobart, Fremantle and Albany.
2. The Government of Australia shall give due notice to the Government of Japan of the procedures relating to the entry of the vessels into those ports.
Article V
1. The Government of Australia shall permit the lodgement of bulk applications for licences in respect of persons intending to engage in fishing on board each of the vessels licensed under this Subsidiary Agreement and shall, in accordance with the relevant laws and regulations of Australia, issue licences in respect of those persons.
2. If an application for a licence for a person intending to engage in fishing on board any of the vessels licensed under this Subsidiary Agreement has been accepted by the competent Australian authorities, the Government of Australia shall not require that person to have in his possession, or to produce, the licence until due procedures have been completed for passing the licence to that person.
Article VI
1. The Government of Australia shall determine, after consultation between the two Governments, the methods of and the terms and conditions with respect to:
(a) applying for and issuing licences in respect of the vessels and persons;
(b) preparing and reporting of catch and effort data in respect of the vessels; and
(c) communicating between the vessels and the competent Australian authorities.
2. The Government of Australia shall notify the Government of Japan of determinations under paragraph 1 of this Article within a reasonable time.
Article VII
The Government of Japan shall, in accordance with the relevant laws and regulations of Japan, provide the Government of Australia with available current economic and marketing information relevant to the operations of the vessels within the Zone.
Article VIII
1. The Government of Australia and the Government of Japan shall, in accordance with the provisions of Article IX of the Head Agreement, consult in Canberra not later than three months before the expiry of this Subsidiary Agreement for the purposes of:
(a) reviewing the operations of the vessels under this Subsidiary Agreement including any problems identified by either Government; and
(b) discussing the terms and conditions under which a subsidiary agreement might be concluded for the following period of one year.
2. Upon request by either Government, consultations shall be undertaken at any time during the period of validity of this Subsidiary Agreement on any aspect of the implementation of this Subsidiary Agreement.
Article IX
This Subsidiary Agreement shall enter into force on the first day of November, 1982 and shall remain in force for a period of one year.
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Subsidiary Agreement.
DONE in duplicate at Canberra, this twenty-eight day of October, 1982, in the English language.
FOR THE GOVERNMENT OF AUSTRALIA
[Signed:]
PETER NIXON
FOR THE GOVERNMENT OF JAPAN:
[Signed:]
TAKASHI TAJIMA
APPENDIX I
A. At all times, the areas of the Zone, other than the areas described in paragraph B and paragraph C of this Appendix, within 12 nautical miles seaward of the baselines from which the breadth of the territorial sea is measured.
B. At all times, the area landward of the line:
(1) commencing at the point of Latitude 939'26" South, Longitude 14428' East;
(2) thence south along the meridian of Longitude 14428' East to its intersection by the parallel of Latitude 954' South;
(3) thence south-westerly along the rhumb line to the point of Latitude 1015' South, Longitude 14412' East;
(4) thence south-westerly along the rhumb line to the point of Latitude 1028' South, Longitude 14410' East;
(5) thence west along the parallel of Latitude 1028' South to its intersection by the meridian of Longitude 144 East;
(6) thence south along that meridian to its intersection by the parallel of Latitude 1041' South;
(7) thence east along that parallel to its intersection by the meridian of Longitude 145 East;
(8) thence south along that meridian to its intersection by the parallel of Latitude 13 South;
(9) thence south-easterly along the rhumb line to the point of Latitude 15 South, Longitude 146 East;
(10) thence southerly along the rhumb line to the point of Latitude 1730' South, Longitude 147 East;
(11) thence south-easterly along the rhumb line to the point of Latitude 21 South, Longitude 15255' East;
(12) thence southerly along the rhumb line to the point of Latitude 2430' South, Longitude 154 East;
(13) thence west along the parallel of Latitude 2430' South to its intersection by the 200-metre isobath (Aus. 4602);
(14) thence southerly along that isobath to its intersection by the parallel of Latitude 2840' South;
(15) thence east along that parallel to its intersection by the meridian of Longitude 154 East;
(16) thence south along that meridian to its intersection by the parallel of Latitude 2910' South;
(17) thence southerly along the rhumb line to the point of Latitude 30 South, Longitude 15345' East;
(18) thence south-westerly along the rhumb line to the point of Latitude 3020' South, Longitude 15335' East;
(19) thence southerly along the rhumb line to the point of Latitude 3055' South, Longitude 15322' East;
(20) thence west along the parallel of Latitude 3055' South to its intersection by the 200-metre isobath (Aus. 4602);
(21) thence southerly along that isobath to its intersection by the parallel of Latitude 3245' South;
(22) thence west along that parallel to its intersection by the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(23) thence southerly along that line to its intersection by the parallel of Latitude 34 South;
(24) thence east along that parallel to its intersection by the meridian of Longitude 152 East;
(25) thence south along that meridian to its intersection by the parallel of Latitude 37 South;
(26) thence southerly along the rhumb line to the point of Latitude 39 South, Longitude 151 East;
(27) thence south along the meridian of Longitude 151 East to its intersection by the parallel of Latitude 40 South;
(28) thence west along that parallel to its intersection by the meridian of Longitude 140 East;
(29) thence south along that meridian to its intersection by the outer limit of the Zone;
(30) thence north-westerly, westerly and south-westerly along the outer limit of the Zone to its intersection by the meridian of Longitude 126 East;
(31) thence north along that meridian to its intersection by the parallel of Latitude 35 South;
(32) thence west along that parallel to the point 50 nautical miles easterly of Albany (Latitude 3501'30" South, Longitude 11753' East);
(33) thence along the arc of the circle with centre Albany (Latitude 3501'30" South, Longitude 11753' East) and radius 50 nautical miles, so as to pass successively to the east, south and west of Albany, to its intersection by the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(34) thence westerly, north-westerly, northerly and north-easterly along that line to its intersection by the meridian of Longitude 127 East;
(35) thence easterly along the rhumb line to the point of Latitude 1321' South, Longitude 12940' East;
(36) thence north along the meridian of Longitude 12940' East to its intersection by the parallel of Latitude 1030' South;
(37) thence east along that parallel to its intersection by the meridian of Longitude 13316' East;
(38) thence south along that meridian to its intersection by the parallel of Latitude 11 South;
(39) thence south-easterly along the rhumb line to the point of Latitude 1125' South, Longitude 13415' East;
(40) thence east along the parallel of Latitude 1125' South to its intersection by the meridian of Longitude 13535' East;
(41) thence north-easterly along the rhumb line to the point of Latitude 1105' South, Longitude 13610' East;
(42) thence north-easterly along the rhumb line to the point of Latitude 1030' South, Longitude 13640' East;
(43) thence south-easterly along the rhumb line to the point of Latitude 11 South, Longitude 13705' East;
(44) thence south along the meridian of Longitude 13705' East to its intersection by the parallel of Latitude 1147' South;
(45) thence easterly along the rhumb line to the point of Latitude 1110' South, Longitude 141 East;
(46) thence north along the meridian of Longitude 141 East to its intersection by the parallel of Latitude 1022'44" South;
(47) thence north-easterly along the rhumb line to the point of Latitude 946' South, Longitude, 142 East;
(48) thence easterly along the rhumb line to the point of Latitude 945'24" South, Longitude 14203'30" East;
(49) thence north along the meridian of Longitude 14203'30" East to its intersection by the parallel of Latitude 915'43" South;
(50) thence north-easterly along the rhumb line to the point of Latitude 912'50" South, Longitude 14206'25" East;
(51) thence north-easterly along the rhumb line to the point of Latitude 911'51" South, Longitude 14208'33" East;
(52) thence easterly along the rhumb line to the point of Latitude 911'58" South, Longitude 14210'18" East;
(53) thence easterly along the rhumb line to the point of Latitude 911'22" South, Longitude 14212'54" East;
(54) thence easterly along the rhumb line to the point of Latitude 911'34" South, Longitude 14214'08" East;
(55) thence south-easterly along the rhumb line to the point of Latitude 913'53" South, Longitude 14216'26" East;
(56) thence south-easterly along the rhumb line to the point of Latitude 916'04" South, Longitude 14220'41" East;
(57) thence south-easterly along the rhumb line to the point of Latitude 922'04" South, Longitude 14229'41" East;
(58) thence easterly along the rhumb line to the point of Latitude 921'48" South, Longitude 14231'29" East;
(59) thence south-easterly along the rhumb line to the point of Latitude 922'33" South, Longitude 14233'28" East;
(60) thence north-easterly along the rhumb line to the point of Latitude 921'25" South, Longitude 14235'29" East;
(61) thence easterly along the rhumb line to the point of Latitude 920'21" South, Longitude 14241'43" East;
(62) thence easterly along the rhumb line to the point of Latitude 920'16" South, Longitude 14243'53" East;
(63) thence easterly along the rhumb line to the point of Latitude 919'26" South, Longitude 14248'18" East, on the line every point on which is 3 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(64) thence easterly, south-easterly and southerly along that line to the point of Latitude 923'40" South, Longitude 14251' East;
(65) thence south along the meridian of Longitude 14251' East to its intersection by the parallel of Latitude 940'30" South;
(66) thence easterly along the rhumb line to the point of Latitude 940' South, Longitude 143 East;
(67) thence north-easterly along the rhumb line to the point of Latitude 933' South, Longitude 14305' East;
(68) thence east along the parallel of Latitude 933' South to its intersection by the meridian of Longitude 14320' East;
(69) thence north-easterly along the rhumb line to the point of Latitude 924' South, Longitude 14330' East;
(70) thence easterly along the rhumb line to the point of Latitude 922' South, Longitude 14348' East;
(71) thence easterly along the rhumb line to the point of Latitude 930' South, Longitude 14415' East; and
(72) thence south-easterly along the rhumb line to the point of commencement.
C. At all times, the area bounded by the line:
(1) commencing at the point of Latitude 12 South, Longitude 145 East;
(2) thence south along the meridian of Longitude 145 East to its intersection by the parallel of Latitude 13 South;
(3) thence south-easterly along the rhumb line to the point of Latitude 15 South, Longitude 146 East;
(4) thence southerly along the rhumb line to the point of Latitude 1730' South, Longitude 147 East;
(5) thence south-easterly along the rhumb line to the point of Latitude 1843'16" South, Longitude 149 East;
(6) thence north along the meridian of Longitude 149 East to its intersection by the parallel of Latitude 17 South;
(7) thence north-westerly along the rhumb line to the point of Latitude 14 South, Longitude 147 East; and
(8) thence north-westerly along the rhumb line to the point of commencement.
D. From 30 September to 31 March at 1600 hours GMT on each of those days (equivalent to midnight Australian Western Standard Time), the area bounded by the line:
(1) commencing at the point of Latitude 35 South, Longitude 126 East;
(2) thence west along the parallel of Latitude 35 South to its intersection by the meridian of Longitude 120 East;
(3) thence south along that meridian to its intersection by the outer limit of the Zone;
(4) thence easterly along the outer limit of the Zone to its intersection by the meridian of Longitude 126 East; and
(5) thence north along that meridian to the point of commencement.
E. From 31 August to 30 April at 1400 hours GMT on each of those days (equivalent to midnight Australian Eastern Standard Time), the area bounded by the line:
(1) commencing, east of Australia, at the intersection of the parallel of Latitude 3245' South by the 200-metre isobath (Aus. 4602);
(2) thence west along that parallel to its intersection by the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(3) thence southerly along that line to its intersection by the parallel of Latitude 34 South;
(4) thence east along that parallel to its intersection by the 200-metre isobath (Aus. 4602); and
(5) thence northerly along that isobath to the point of commencement.
F. From 31 December to 31 March at 1400 hours GMT on each of those days (equivalent to midnight Australian Eastern Standard Time), the area bounded by the line:
(1) commencing at the point of Latitude 30 South, Longitude 15345' East;
(2) thence south-westerly along the rhumb line to the point of Latitude 3020' South, Longitude 15335' East;
(3) thence southerly along the rhumb line to the point of Latitude 3055' South, Longitude 15322' East;
(4) thence west along the parallel of Latitude 3055' South to its intersection by the 200-metre isobath (Aus. 4602);
(5) thence southerly along that isobath to its intersection by the parallel of Latitude 34 South;
(6) thence east along that parallel to its intersection by the line every point on which is 50 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(7) thence northerly along that line to its intersection by the parallel of Latitude 30 South; and
(8) thence west along that parallel to the point of commencement.
APPENDIX II
The area bounded by the line:
(1) commencing at the point of Latitude 34 South, Longitude 152 East;
(2) thence south along the meridian of Longitude 152 East to its intersection by the parallel of Latitude 37 South;
(3) thence southerly along the rhumb line to the point of Latitude 39 South, Longitude 151 East;
(4) thence east along that parallel to its intersection by the outer limit of the Zone;
(5) thence northerly along the outer limit of the Zone to its intersection by the parallel of Latitude 34 South; and
(6) thence west along that parallel to the point of commencement.
[Note from the Department of Foreign Affairs to the Embassy of Japan, Canberra]
CH149098
The Department of Foreign Affairs presents its compliments to the Embassy of Japan and has the honour to refer to consultations between representatives of the Government of Australia and the Government of Japan pursuant to the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-Line Fishing done at Canberra on 28 October, 1982.
In accordance with that Subsidiary Agreement the Department wishes to notify the Embassy of the following determinations of the Government of Australia.
A. APPLYING FOR AND ISSUING LICENCES
1. The following arrangements will operate in respect of applying for and issuing licences, permitting fishing vessels of Japan and persons on those vessels to engage in fishing in the area of the Zone in which fishing is permitted in accordance with Article II of the Subsidiary Agreement (the 'Japanese tuna long-line fishing area'):
(a) the competent Japanese authorities will notify the Australian Department of Primary Industry, Canberra, of the appropriate organisations representing the vessels (called 'the Organisations').
(b) the Australian Department of Primary Industry, Canberra, will provide the Organisations with Australian licence application forms for distribution to the operators of the vessels.
(c) the Organisations will deliver to the Australian Department of Primary Industry, Canberra, completed Australian licence application forms for each vessel and its crew.
(d) at the time of applying for licences, the Organisations will submit a fishing plan for each vessel to the Australian Department of Primary Industry, Canberra, specifying, where appropriate, the calendar months in which that vessel expects to operate in the Japanese tuna long-line fishing area.
(e) upon the granting of a licence the Government of Australia will notify the Organisations within a reasonable time of the names of the vessels in respect of which licences have been granted and the serial number of each such licence.
(f) the Australian Department of Primary Industry will forward the licences direct to the Organisations or through an agent nominated by the Organisations.
(g) the Organisations will make appropriate arrangements for the delivery of the licence to each such vessel.
(h) during the first 2 months after entry into force of the Subsidiary Agreement, a vessel may enter and fish in the Zone without having the licence on board, provided it is not possible to arrange for delivery of the licence to the vessel before it commences fishing in the Zone The Organisations will advise the Australian Department of Primary Industry of the name and radio call sign of each such vessel before it enters into the Zone.
(i) the fee of one million, four hundred and forty thousand Australian dollars payable in accordance with Article I of the Subsidiary Agreement is to be paid in advance of the issue of licences as follows:
(i) seven hundred and twenty thousand Australian dollars paid in one amount to the Department of Primary Industry, Canberra, in freely disposable Australian currency free of exchange and service charges, and
(ii) an irrevocable letter of credit established by telex by a first-class Japanese bank through the Commonwealth Trading Bank, Canberra, in favour of the Department of Primary Industry, Canberra, for an amount of seven hundred and twenty thousand Australian dollars, in freely disposable Australian currency free of exchange, negotiating, credit, service and other charges, with provision for drawings at sight to be made 180 days from the letter of credit date and for a period of 30 days thereafter.
B. COMMUNICATING BY JAPANESE TUNA LONG-LINE FISHING VESSELS WITH THE AUSTRALIAN AUTHORITIES
2. The Government of Australia will provide to the Government of Japan and to the Master of each vessel a copy, in Japanese, of the relevant procedures for reporting to the Australian Coastal Surveillance Centre (ACSC) and will require the Master of each such vessel to comply with the reporting procedures and messages formats specified therein.
3. The relevant procedures are set out in a document titled 'Notes for the Guidance of Masters and Radio Operators on Licensed Foreign Fishing Vessels', a copy of which, in English, is attached to this Note as Annex A.
4. Notwithstanding the requirement in paragraph 15 of 'Notes for the Guidance of Masters and Radio Operators on Licensed Foreign Fishing Vessels' that the equipment of the vessels for taking fish be stowed below deck in the circumstances described in that paragraph, the other provisions of that paragraph will also apply to vessels proceeding in accordance with that paragraph provided the equipment of the vessels for taking fish is stowed and secured on the deck.
5. The Australian Department of Primary Industry is to be notified at least 7 days before an intended port entry. This requirement is additional to the reporting requirements set out in the attached 'Notes for the Guidance of Masters and radio Operators on Licensed Foreign Fishing Vessels'.
6. Where the Australian authorities wish to communicate with a vessel the appropriate message will be transmitted by the Australian Coastal radio network. The vessels will be required to monitor at least once a day the coastal radio broadcasts which are set out in Annex B.
C. COMMUNICATION PROCEDURES FOR VESSELS OPERATING IN SEASONALLY CLOSED AREA OFF NEW SOUTH WALES
7. Prior to entering the area specified in the Appendix II to the Subsidiary Agreement for the purpose of operating in it, all vessels licensed to fish in this area are required to notify the ACSC 12 hours in advance of their intention to enter the area, the proposed position and estimated time of entry using the message indicator - AFEN.
8. Between the completion of retrieval of all gear set before the time given by the vessel as its estimated time of entry into the area and prior to retrieval of any gear set after that time, vessels are to provide a catch and effort report as provided for in paragraph 15 covering the period of fishing since the last catch and effort report was provided to ACSC, even though the 6-day period for such reports may not have expired. Catch and effort reports are then to be provided for each 6-day period spent in the area, day one commencing from the first retrieval of a gear set after the estimated time of entry of the vessel into the area.
9. Upon arrival in the area vessels are required to transmit to the ACSC a daily position report (AFZP). Vessels intending to leave the area are required, 12 hours in advance of their departure, to signify their exit to the ACSC by the exit indicator - AFXW.
10. Between the completion of retrieval of all gear set while the vessel was operating in the area and prior to retrieval of any gear set after that vessel had ceased to operate in the area, vessels are to provide a catch and effort report as provided for in paragraph 15 covering the period since the last catch and effort report was provided to ACSC even though the 6-day period for such reports may not have expired. Catch and effort reports are then to be provided for each 6-day period in accordance with paragraph 15, day one commencing from the first retrieval of gear set after the vessel has ceased to operate in the area.
11. Days in the area are deemed to commence and conclude at 1400 hours GMT (equivalent to midnight Australian Eastern Standard Time).
12. Vessels licensed to operate in the area are only required to send the above messages described in Section C (including daily position reports) in relation to operations in the area. In all other cases normal reporting requirements prevail.
13. A vessel will be considered as operating in the area when it is fishing, moving from one point to another within the area, or is not fishing due to rough weather.
14. Time lost due to vessel breakdown or other emergency will not be counted as days operating in the area. However, such breakdowns or other emergencies must be reported immediately to the ACSC, including the position of the vessel and the time at which the breakdown or the emergency occurred. The ACSC should also be notified of the time and position at which the vessel resumed normal operations.
D. PREPARING AND REPORTING OF CATCH AND EFFORT DATA
15. Subject to paragraphs 8 and 10 each vessel will provide catch and effort reports in accordance with the relevant procedures set out in 'Notes for the Guidance of Masters and Radio Operators on Licensed Foreign Fishing Vessels', indicating:
(a) the catch in the Zone for each 6-day period in number and estimated total weight (gilled and gutted) of southern bluefin tuna, albacore tuna, bigeye tuna, yellowfin tuna, black marlin and other species; and
(b) the effort in the Zone in each 6-day period in total number of hooks set by the vessel.
16. To assist Australian authorities to carry out inspection of a vessel and to assist interpretation of 6-day radio catch reports, the vessel will, from the date of delivery of the licence, maintain a catch record while operating within the Zone. The Australian Department of Primary Industry will forward a supply of the Australian log books to the Organisations and/or to the agent nominated by the Organisations prior to the issue of licences. Original pages will be collected from time to time by Australian inspectors or forwarded by post by the vessel at the first port of call following operations in the Zone. A copy of the forms will remain on the vessel. The Australian authorities will forward copies of the originals to the appropriate Organisation (Federation of Japan Tuna Fisheries Co-operative Associations) within 30 days of their receipt.
17. The competent Japanese authorities will arrange for the provision of details of the main 'target species' of each vessel and a description of the dimensions of its long-line gear including details of any changes that occur during a fishing campaign to the Australian Department of Primary Industry in respect of the vessels not later than 90 days after the vessels return to their home ports.
18. The competent Japanese authorities will provide from time to time to the Australian Department of Primary Industry an up-to-date table of average fish weights, by species, for each major fishing area to enable conversion of the catch by number to catch by weight.
The Department of Foreign Affairs avails itself of this opportunity to renew to the Embassy of Japan the assurances of its highest consideration.
CANBERRA
28 October 1982
[Note from the Embassy of Japan, Canberra, to the Department of Foreign Affairs]
No. 82-081
NOTE VERBALE
The Embassy of Japan presents its compliments to the Department of Foreign Affairs, and has the honour to acknowledge the receipt of the latter's Note no. CH149098 dated 28 October, 1982.
The Embassy avails itself of this opportunity to renew to the Department the assurances of its highest consideration.
CANBERRA
28 October 1982
RECORD OF DISCUSSION
The Representatives of the Government of Australia and the Government of Japan, with respect to the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-line Fishing signed today, wish to record the following:
The limitation of catch in respect of Japanese tuna long-line fishing shall be determined through the number of its vessels, and through the periods and the areas in which that fishing shall be conducted.
Canberra
28 October 1982
RECORD OF DISCUSSION
Delegations of the Government of Australia and the Government of Japan wish to record the following with respect to international management of southern bluefin tuna (SBT):
1. The Government of Australia and the Government of Japan recognise the need to actively consider international management of SBT which is a highly migratory species.
2. Both Governments are ready to hold discussions on the matter within the next twelve months and to commence the discussions before the end of 1982. The purpose of these discussions is to address the issues of mechanisms to facilitate the consideration of management options, assessment of the state of the SBT stock and consideration of management options. The position reached in discussions would need to be reviewed prior to the commencement of negotiations on a new Subsidiary Agreement in 1983.
3. It is the shared view of the two Governments that such discussions should involve Australia, Japan and New Zealand and any management scheme resulting therefrom should be acceptable to each country.
4. It is also the shared view of the two Governments that if management measures are to be taken under such a scheme, they should be based on scientific findings relating to the ecology and the status of the stocks and on relevant economic and technical considerations. They should be balanced, and equitable to all the participating countries, in terms of sharing of the burden resulting therefrom, taking into account the current situation of the fisheries of the respective participating countries as well as their historical and socio-economic background including the importance of particular fishing grounds to specific coastal fishermen who are unable to shift to other fishing grounds.
CANBERRA
28 October 1982
RECORD OF DISCUSSION
Delegations of the Government of Australia and the Government of Japan wish to record the following with respect to market access for Australian caught tuna.
1. The Australian delegation advised that the Australian industry has a keen interest in developing sales of sashimi quality tuna to the Japanese market. The Australian delegation sought confirmation that no restraints will be placed in the way of Australians obtaining access to the Japanese sashimi tuna market.
2. The Japanese delegation provided the Australian delegation with the information on existing tariff and other requirements which are applied to the import of Australian caught tuna into Japan. The information mentioned above is described in the paper attached hereto. The Japanese delegation stated that any question related to market access for tuna will be dealt with in accordance with the statement of the Japanese delegation in the Record of Discussion of 17 October 1979 appended to the 1979 Head Agreement, which includes, inter alia, the statement that 'the Japanese Government would be prepared to notify the Australian Government, as far as possible in advance, of alterations in access conditions of fish and fish products of Australian interest', and that 'where Australian fish and fish products are commercially competitive with the fish and fish products of other nations, market access is and will be available for such Australian fish and fish products under the Japanese import system'.
CANBERRA
28 October 1982
OUTLINE OF REQUIREMENTS FOR IMPORT OF TUNA INTO JAPAN
A. TARIFF AND PRIOR CONFIRMATION
(applicable to all kinds of import of tuna)
1. The tariff applied to the import of all kinds of tuna (fresh, chilled or frozen) into Japan is 5 percent.
2. The import of any kind of tuna except albacore into Japan by way of vessels is subject to prior confirmation by the Japanese Government.
B. UNLOADING OF TUNA
(In certain cases mentioned below there are additional requirements related to unloading. However, those requirements are not applicable to ordinary port-to-port shipment for trade of tuna.)
1. A foreign fishing vessel carrying tuna loaded at a port of a foreign country is admitted to unload such tuna in Japanese ports, provided that such tuna bears certifying documents specifying the kind, amount, port of embarkation and date of embarkation of the tuna and the name of the vessel, issued by the authorities of the said foreign country.
2. A foreign fishing vessel carrying tuna not bearing the certifying documents mentioned above is subject to prior approval for unloading such tuna in Japanese ports.
3. A vessel other than a foreign fishing vessel carrying tuna, not bearing the certifying documents mentioned above, transshipped from a foreign fishing vessel at sea is subject to prior approval for unloading such tuna in Japanese ports.
Note: The term 'foreign fishing vessel' means a vessel other than Japanese vessel which:
(a) is equipped with fishing equipment, or
(b) is used for fishing or carries the catch from fishing grounds.
