Subsidiary Agreement between the Government of Australia and the Government of the Republic of Korea concerning Squid Jigging by Fishing Vessels of the Republic of Korea
Source: http://www.austlii.edu.au/au/other/dfat/treaties/1983/23.html, downloaded on 20061018
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA,
PURSUANT to the provisions of paragraph 3 of Article IV of the Agreement on Fisheries between the Government of Australia and the Government of the Republic of Korea, signed at Canberra on 23 November 1983 (hereinafter referred to as "the Head Agreement"), and
WISHING to establish the detailed procedures for the conduct of Squid Jigging operations by fishing vessels of the Republic of Korea (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 six vessels, subject to payment to the Government of Australia of a fee of 72,000 Australian dollars for all the vessels to be licensed and for the period of validity of this Subsidiary Agreement.
Article II
The Government of Australia shall, by the licences issued for the licensed vessels referred to in Article I of this Subsidiary Agreement, permit those vessels to take all species of squid by means of the jigging method of fishing in the authorised fishery area specified in Appendix A to this Subsidiary Agreement.
Article III
The vessels shall not take a quantity of the species referred to in Article II of this Subsidiary Agreement exceeding a total weight of 900 tonnes although the Government of Australia may offer in writing to increase the total weight allocated up to a total of 1,800 tonnes. Any such offer may contain a condition requiring the payment of a fee additional to that referred to in Article I.
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 Adelaide, Portland, Geelong, Launceston and Hobart.
2. The Government of Australia shall give due notice to the Government of the Republic of Korea of the procedures relating to the entry of the vessels into those ports.
Article V
1. Masters of Korean vessels licensed under the Agreement to operate in the Australian fishing zone shall offer a quantity of squid species for sale to Australian commercial interests if required by the Department of Primary Industry to do so.
2. The aggregate quantity of squid to be made available for sale in Australia shall not exceed 20 per cent of the total allocation of catch to the licensed fishing vessels of Korea.
3. The price to be paid for such squid shall be a matter for mutual agreement between fishermen of Korea and commercial interests of Australia. Korean fishermen shall make every effort to ensure that the prices charged for Korean caught squid are reasonable, having regard to the cost savings incurred by landing squid in Australia and the needs of Australian processors.
4. Reasonable notification shall be provided of the quantity, quality and destination of squid required to be landed and every effort shall be made to ensure that these requirements minimise any disruption to the fishing operations of the Korean vessels.
5. Landings of squid shall conform with the guidelines for landing of frozen fish caught by foreign operators on the Australian domestic market specified in Appendix B to this Agreement.
6. To facilitate compliance with paragraphs 1 and 2 of this Article, licensed Korean fishing vessels shall be authorised to land at Australian ports in addition to those mentioned in Article IV with the approval of the Department of Primary Industry.
Article VI
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.
Article VII
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;
(c) pre and post fishing inspections to be undertaken by competent Australian authorities; and
(d) communicating between the vessels and the competent Australian authorities.
2. The Government of Australia shall notify the Government of the Republic of Korea of determinations under paragraph 1 of this Article within a reasonable time.
Article VIII
The Government of the Republic of Korea shall, in accordance with the relevant laws and regulations of the Republic of Korea, provide the Government of Australia with available current economic and marketing information relevant to the operations of the vessels within the Zone.
Article IX
1. The Government of Australia and the Government of the Republic of Korea shall, in accordance with the provisions of Article XI 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 X
1. This Subsidiary Agreement shall enter into force on the date on which the Head Agreement enters into force 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-third day of November 1983, in the English and Korean languages both texts being equally authentic.
FOR THE GOVERNMENT OF AUSTRALIA
[Signed:]
JOHN KERIN
FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA:
[Signed:]
SANG KOO KIM
APPENDIX A
AUTHORISED AREA OF THE AUSTRALIAN FISHING ZONE FOR KOREAN SQUID JIGGING VESSELS
A. Vessels of the Republic of Korea may take squid by use of the squid jigging method of fishing in that part of the Australian fishing zone to the south of Australia, with the exception of waters specified under sections B, C, D and E below, within the area bounded by a line -
(1) commencing at the point of intersection of the meridian of Longitude 129(00' East by the line every point of which is 12 international nautical miles seaward from the nearest point of the baselines from which the breadth of the territorial sea is measured;
(2) running thence generally easterly and south-easterly along that line to its intersection by the meridian of Longitude 136(10' East;
(3) thence south along that meridian to its intersection by the parallel of Latitude 36(30' South;
(4) thence south-easterly along the rhumb line to the point of Latitude 37o00' South, Longitude 138(00' East;
(5) thence south-easterly along the rhumb line to the point of Latitude 37o10' South, Longitude 139m00' East;
(6) thence south-easterly along the rhumb line to the point of Latitude 38o00' South, Longitude 139(30' East;
(7) thence south-easterly along the rhumb line to the point of Latitude 38o20' South, Longitude 140835' East;
(8) thence south-easterly along the rhumb line to the point of Latitude 38o47' South, Longitude 141(35' East;
(9) thence south-easterly along the rhumb line to the point of Latitude 38o55' South, Longitude 142(20' East;
(10) thence south-easterly along the rhumb line to the point of Latitude 39o20' South, Longitude 143(31' East;
(11) thence north along the meridian of Longitude 143(31' East to its intersection by the line every point of which is 6 international nautical miles seaward from the nearest point of the baselines from which the breadth of the territorial sea is measured;
(12) thence generally north-easterly, easterly and south-easterly along that line to its intersection by the meridian of Longitude 144(40' East;
(13) thence south along that meridian to its intersection by the line every point of which is 12 international nautical miles seaward from the nearest point of the baselines from which the breadth of the territorial sea is measured, adjacent to the mainland of the State of Victoria;
(14) thence generally easterly, south-easterly and north-easterly along that line to its intersection by the parallel of Latitude 38(41' South;
(15) thence east along that parallel to its intersection by the meridian of Longitude 148f13' East;
(16) thence north-easterly along the rhumb line to the point of Latitude 38(32' South, Longitude 148326' East;
(17) thence north-easterly along the rhumb line to the point of Latitude 38(19' South, Longitude 148135' East;
(18) thence north-westerly along the rhumb line to the point of Latitude 38t08' South, Longitude 148031' East;
(19) thence north along the meridian of Longitude 148(31' East to its intersection by the line every point of which is 12 international nautical miles seaward from the nearest point of the baselines from which the breadth of the territorial sea is measured;
(20) thence easterly and north-easterly along that line to its intersection by the line which is 12 international nautical miles south-westerly from and parallel to, the seaward extension of the border between the States of Victoria and New South Wales;
(21) thence south-easterly along that line to its intersection by the outer limit of the Australian fishing zone;
(22) thence generally southerly, south-westerly, westerly, north-westerly, northerly and north-westerly along that outer limit to its intersection by the meridian of Longitude 129 00' East; and
(23) thence north along that meridian to the point of commencement.
EXCEPTED AREAS
B. At all times waters within 3 international nautical miles seaward of the baselines from which the breadth of the territorial sea is measured.
C. At all times waters within 12 international nautical miles seaward of the baselines from which the breadth of the territorial sea of the mainland of Tasmania is measured.
D. At all times waters within 12 international nautical miles seaward of the baselines from which the breadth of the territorial sea of the Furneaux Group of islands is measured. (See attached list).
E. At all times waters within 12 international nautical miles seaward of the baselines from which the breadth of the territorial sea of King Island, in the State of Tasmania, is measured.
THE FURNEAUX GROUP
Consists of the following islands -
Flinders Island Chappell Islands
Cape Barren Island Little Goose Islet
Clarke Island Badger Island
The Sisters Little Badger Islet
Roydon (Roden) Island Beagle Islet
North Pasco Island Double Rock
Middle Pasco Island Boxen Islet
Chalky Island Mount Chappell Island
Little Chalky Islet Ann Islet
Reef Islet Long Island
Mile Islet Dough Bay Islet
Isabella Islet Oyster Rocks
Big Green Island Little Anderson Islet
Prime Seal (Hummock) Island Anderson Island
Low Islets Tin Kettle Island
Babel Island Little Dog Island
Cat Island Great Dog Island
Storehouse Island Little Green Island
Parrys Rock Vansittart Island
East Kangaroo Island Briggs Islet
Flat Rock
Gull Islet
Gull Rock
Refer to pages 140-144 Australia Pilot Volume II Sixth Edition 1982.
APPENDIX B
GUIDELINES FOR LANDING OF FROZEN FISH CAUGHT BY FOREIGN OPERATORS ON THE AUSTRALIAN DOMESTIC MARKET
The following guidelines shall apply to the landing of product from foreign vessels for sale on the domestic market:
(i) product from foreign fishing vessels shall be permitted to land for further processing or export.
(ii) product landed shall not be sold fresh on Australian fish markets.
(iii) such landings shall be allowed only if they are not detrimental to the Australian fishing industry. The Department of Primary Industry will undertake an annual review of these landings and report to the Australian Fisheries Council, with specific emphasis on the effects of the landings on the Australian industry.
[Note from the Australian Department of Foreign Affairs to the Embassy of the Republic of Korea, Canberra]
III
The Department of Foreign Affairs presents its compliments to the Embassy of the Republic of Korea and has the honour to refer to consultations between representatives of the Government of Australia and the Government of the Republic of Korea pursuant to the Subsidiary Agreement between the Government of Australia and the Government of the Republic of Korea concerning Squid Jigging by Fishing Vessels of the Republic of Korea, done at Canberra on 23 November 1983.
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 the Republic of Korea 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 "authorised fishery area"):
(a) The competent authorities of the Republic of Korea will notify the Australian Department of Primary Industry, Canberra, of the appropriate organisations representing the vessel (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 authorised fishery 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 make arrangements to deliver the licences to the masters of the vessels after their pre-fishing inspection.
(g) The fee of 72,000 Australian dollars payable in accordance with Article I of the Subsidiary Agreement is to be paid in advance of the issue of licences in one amount to the Department of Primary Industry, Canberra, in freely disposable Australian currency free of exchange and service charges.
B. COMMUNICATING BY KOREAN SQUID JIGGING VESSELS WITH THE AUSTRALIAN AUTHORITIES
2. The Government of Australia will provide to the Government of the Republic of Korea and to the Master of each vessel a copy, in Korean, 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. PRE AND POST FISHING INSPECTION REQUIREMENTS
7. Each vessel will, on each entry to the Zone and before commencing to fish in the Zone under the authority of a licence issued under the agreement, call at a designated Australian port and will there comply with the requirements of Australian authorities relating to pre fishing instructions, delivery of the licence and associated documentation, including a fishing log book and briefing of the Master and radio operator.
8. Each licensed vessel will, at the end of each fishing campaign in the Zone, call at a designated Australian port and will there comply with the requirements of Australian authorities relating to port fishing inspections and the delivery of the log book.
D. PREPARING AND REPORTING OF CATCH AND EFFORT DATA
9. 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 of squid; and
(b) the effort in the Zone in each 6-day period in total number of hours fishing by the vessel, divided into full effort and part effort hours.
The Department of Foreign Affairs avails itself of this opportunity to renew to the Embassy of the Republic of Korea the assurances of its highest consideration.
CANBERRA
23 November 1983
ANNEXES
[Not reproduced here.]
[Note from the Embassy of the Republic of Korea, Canberra, to the Australian Department of Foreign Affairs]
IV
KAU/PRO/83-36
The Embassy of the Republic of Korea presents its compliments to the Department of Foreign Affairs and has the honour to acknowledge the receipt of the latter's Note No. CH180295 dated 23 November 1983, informing the Embassy of the determinations of the Government of Australia in accordance with article 7 of the Subsidiary Agreement between the Government of the Republic of Korea and the Government of Australia concerning squid jigging by fishing vessels of the Republic of Korea.
The Embassy of the Republic of Korea avails itself of this opportunity to renew to the Department of Foreign Affairs the assurances of its highest consideration.
CANBERRA
23 November 1983
