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 17 October 1979 (hereinafter referred to as "the Head Agreement")[1], 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 250, subject to payment to the Government of Australia of a fee of five million, six hundred and ninety-eight thousand 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 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 specified in the Appendix to this Subsidiary Agreement, which forms 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 12o South, to the south by the parallel of Latitude 22o21' 30" South and to the west by the line described in paragraph B of the Appendix 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, Albany and Port Hedland.
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, in accordance with the relevant laws and regulations of Australia, issue a licence to the master of any vessel licensed under this Subsidiary Agreement.
2. If an application for a licence for a master of any vessel 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 masters;
(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 signature[2] and shall remain in force until 31 October, 1990.
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Subsidiary Agreement.
DONE in duplicate at Canberra this fifteenth day of December 1989, in the English language.
FOR THE GOVERNMENT OF AUSTRALIA
[Signed:]
J KERIN
FOR THE GOVERNMENT OF JAPAN:
[Signed:]
SADAAKI NUMATA
APPENDIX
A. At all times, the areas of the Zone, other than the areas described in paragraph B, paragraph C and paragraph D 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 9°39'26" South, Longitude 144°28' East; and
(2) running thence south along the meridian of Longitude 144°28' East to its intersection by the parallel of Latitude 9°54' South;
(3) thence south-westerly along the rhumb line to the point of Latitude 10°15' South, Longitude 144°12' East;
(4) thence south-westerly along the rhumb line to the point of Latitude 10°28' South, Longitude 144°10' East;
(5) thence west along the parallel of Latitude 10°28' 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 10°41' 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 south-easterly along the rhumb line to the point of Latitude 17°30' South, Longitude 147° East;
(11) thence south-easterly along the rhumb line to the point of Latitude 21° South, Longitude 152°55' East;
(12) thence south-easterly along the rhumb line to the point of Latitude 24°30' South, Longitude 154° East;
(13) thence easterly along the parallel of Latitude 24°30' South to its intersection by the line every point of which is 50 nautical miles seaward from the nearest point of the baseline from which the breadth of the territorial sea is measured;
(14) thence generally southerly along that 50 nautical mile line to its intersection by the parallel of Latitude 34° South;
(15) thence east along the parallel of Latitude 34° South to its first intersection by the outer limit of the Zone;
(16) thence generally south-westerly along the outer limit of the Zone to its intersection by the parallel of Latitude 39° South;
(17) thence west along that parallel to its intersection by the meridian of Longitude 151° East;
(18) thence south along that meridian to its intersection by the parallel of Latitude 40° South;
(19) thence west along that parallel to its intersection by the meridian of Longitude 140° East;
(20) thence south along that meridian to its intersection by the outer limit of the Zone;
(21) thence generally north-westerly, westerly, south-westerly, westerly, north-westerly and northerly along the outer limit of the Zone to its intersection by the parallel of Latitude 34° South;
(22) thence east along that parallel to its intersection by the line every point of which is 12 nautical miles seaward from the nearest point of the baseline from which the breadth of the territorial sea is measured;
(23) thence generally northerly, easterly, northerly, north-westerly, northerly and north-easterly along that line to its intersection by the meridian of Longitude 127° East;
(24) thence easterly along the rhumb line to the point of Latitude 13°21' South, Longitude 129°40' East;
(25) thence north along the meridian of Longitude 129°40' East to its intersection by the parallel of Latitude 10°30' South;
(26) thence east along that parallel to its intersection by the meridian of Longitude 133°16' East;
(27) thence south along that meridian to its intersection by the parallel of Latitude 11° South;
(28) thence south-easterly along the rhumb line to the point of Latitude 11°25' South, Longitude 134°15' East;
(29) thence east along the parallel of Latitude 11°25' South to its intersection by the meridian of Longitude 135°35' East;
(30) thence north-easterly along the rhumb line to the point of Latitude 11°05' South, Longitude 136°10' East;
(31) thence north-easterly along the rhumb line to the point of Latitude 10°30' South, Longitude 136°40' East;
(32) thence south-easterly along the rhumb line to the point of Latitude 11° South, Longitude 137°05' East;
(33) thence south along the meridian of Longitude 137°05' East to its intersection by the parallel of Latitude 11°47' South;
(34) thence easterly along the rhumb line to the point of Latitude 11°10' South, Longitude 141° East;
(35) thence north along the meridian of Longitude 141° East to its intersection by the parallel of Latitude 10°22'44" South;
(36) thence north-easterly along the rhumb line to the point of Latitude 9°46' South, Longitude 142° East;
(37) thence easterly along the rhumb line to the point of Latitude 9°45'24" South, Longitude 142°03'30" East;
(38) thence north along the meridian of Longitude 142°03'30" East to its intersection by the parallel of Latitude 9°15'43" South;
(39) thence north-easterly along the rhumb line to the point of Latitude 9°12'50" South, Longitude 142°06'25" East;
(40) thence north-easterly along the rhumb line to the point of Latitude 9°11'51" South, Longitude 142°08'33" East;
(41) thence easterly along the rhumb line to the point of Latitude 9°11'58" South, Longitude 142°10'18" East;
(42) thence easterly along the rhumb line to the point of Latitude 9°11'22" South, Longitude 142°12'54" East;
(43) thence easterly along the rhumb line to the point of Latitude 9°11'34" South, Longitude 142°14'08" East;
(45) thence south-easterly along the rhumb line to the point of Latitude 9°16'04" South, Longitude 142°20'41" East;
(46) thence south-easterly along the rhumb line to the point of Latitude 9°22'04" South, Longitude 142°29'41" East;
(47) thence easterly along the rhumb line to the point of Latitude 9°21'48" South, Longitude 142°31'29" East;
(48) thence south-easterly along the rhumb line to the point of Latitude 9°22'33" South, Longitude 142°33'28" East;
(49) thence north-easterly along the rhumb line to the point of Latitude 9°21'25" South, Longitude 142°35'29" East;
(50) thence easterly along the rhumb line to the point of Latitude 9°20'21" South, Longitude 142°41'43" East;
(51) thence easterly along the rhumb line to the point of Latitude 9°20'16" South, Longitude 142°43'53" East;
(52) thence easterly along the rhumb line to the point of Latitude 9°19'26" South, Longitude 142°48'18" East, on the line every point of which is 3 nautical miles seaward from the nearest point of the baseline from which the breadth of the territorial sea is measured;
(53) thence generally easterly, south-easterly and southerly along that line to the point of Latitude 9°23'40" South, Longitude 142°51' East;
(54) thence south along the meridian of Longitude 142o51' East to its intersection by the parallel of Latitude 9°40'30" South;
(55) thence easterly along the rhumb line to the point of Latitude 9°40' South, Longitude 143o East;
(56) thence north-easterly along the rhumb line to the point of Latitude 9°33' South, Longitude 143°05' East;
(57) thence east along the parallel of Latitude 9°33' South to its intersection by the meridian of Longitude 143°20' East;
(58) thence north-easterly along the rhumb line to the point of Latitude 9°24' South, Longitude 143°30' East;
(59) thence easterly along the rhumb line to the point of Latitude 9°22' South, Longitude 143°48' East;
(60) thence easterly along the rhumb line to the point of Latitude 9°30' South, Longitude 144°15' East; and
(61) 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 12o South, Longitude 145° East; and
(2) running 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 south-easterly along the rhumb line to the point of Latitude 17°30' South, Longitude 147° East;
(5) thence south-easterly along the rhumb line to the point of Latitude 18°43'16" 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. At all times, the area within the line every point of which is 35 nautical miles seaward from the nearest point of the baseline around Norfolk Island from which the breadth of the territorial sea is measured.
[Note from the Australian Department of Foreign Affairs and Trade to the Embassy of Japan, Canberra]
I
NOTE NO. 296683
The Department of Foreign Affairs and Trade presents its compliments to the Embassy of Japan and has the honour to refer to discussions between officials of their respective countries relating to the operation of the Subsidiary Agreement concerning Japanese Long-Line Tuna Fishing .
On the basis of the discussions, the Department has the honour to state that the Government of Australia will take all necessary steps to give effect to the following:
1. There will be a catch limit of 1800 tonnes of southern bluefin tuna for the period between the date of signature of the Subsidiary Agreement and 31 October 1990 for vessels licensed under the Subsidiary Agreement operating in the Tasmanian region of the Australian fishing zone.
2. The two Governments will work during the next six months towards improved arrangements for observer operations within the Australian fishing zone.
3. The Japanese Government will encourage the Japanese industries to provide in the near future a more detailed response to the submission by the Australian Government on the incidental capture of albatross by tuna long-line vessels.
4. Officials of the two Governments will hold discussions in Tokyo in about April 1990 on other issues arising from the operation of the Subsidiary Agreement, such as the catch of marlin, access fee calculations and area closures. The Australian Government will provide a more detailed list of topics early in 1990 for consideration by the Japanese Government.
The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Japan the assurances of its highest consideration.
CANBERRA
14 December 1989
[Note from the Embassy of Japan, Canberra, to the Australian Department of Foreign Affairs and Trade]
II
No. 89-105
The Embassy of Japan presents its compliments to the Department of Foreign Affairs and Trade and has the honour to acknowledge the receipt of its Note No. 296683 dated 15 December 1989.
The Embassy of Japan has further the honour to state that the Government of Japan will also take all necessary steps to give effect to the following:
1. There will be a catch limit of 1800 tonnes of southern bluefin tuna for the period between the date of signature of the Subsidiary Agreement and 31 October 1990 for vessels licensed under the Subsidiary Agreement operating in the Tasmanian region of the Australian fishing zone.
2. The two Governments will work during the next six months towards improved arrangements for observer operations within the Australian fishing zone.
3. The Japanese Government will encourage the Japanese industries to provide in the near future a more detailed response to the submission by the Australian Government on the incidental capture of albatross by tuna long-line vessels.
4. Officials of the two Governments will hold discussions in Tokyo in about April 1990 on other issues arising from the operation of the Subsidiary Agreement, such as the catch of marlin, access fee calculations and area closures. The Australian Government will provide a more detailed list of topics early in 1990 for consideration by the Japanese Government.
The Embassy of Japan avails itself of this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.
CANBERRA
15 December 1989
[Note from the Australian Department of Foreign Affairs and Trade to the Embassy of Japan, Canberra]
III
NOTE NO. 296691
The Department of Foreign Affairs and Trade 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 15 December 1989.
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 masters of 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 Industries and Energy, Canberra, of the appropriate organisations representing the vessels (called "the Organisations").
(b) the Australian Department of Primary Industries and Energy, 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 Industries and Energy, Canberra, completed Australian licence application forms for each vessel and its master.
(d) at the time of applying for licences, the Organisations will submit a fishing plan for each vessel to the Australian Department of Primary Industries and Energy, 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 Industries and Energy 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 Industries and Energy of the name and radio call sign of each such vessel before it enters the Zone.
(i) the fee of five million, six hundred and ninety-eight 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) two million, eight hundred and forty-nine thousand Australian dollars paid in one amount to the Department of Primary Industries and Energy, 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 Industries and Energy, Canberra, for an amount of two million, eight hundred and forty-nine 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 Federal Sea Safety and Surveillance Centre (hereinafter referred to as COASTWATCH) and will require the master of each such vessel to comply with the reporting procedures and message 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 Industries and Energy 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 B1.
C. COMMUNICATION PROCEDURES FOR VESSELS OPERATING IN AREA DESIGNATED FOR USE OF HAND-LINES ONLY
7. Immediately prior to entering the area specified in Article II(b) of the Subsidiary Agreement for the purpose of fishing in it, each vessel will provide a catch and effort report (as provided for in Paragraph 11) covering the period of fishing since the previous 2-day catch and effort report was provided.
8. Thereafter catch and effort reports will be sent to COASTWATCH for each 2-day period spent in the area.
9. Immediately prior to leaving the area specified in Article II(b) each vessel which has been fishing in that area will provide a catch and effort report (as provided for in Paragraph 11) covering the period of fishing since the previous 2-day catch and effort report was provided to COASTWATCH.
10. Thereafter catch and effort reports will be sent to COASTWATCH for each 2-day period (in accordance with Paragraph 11), day one being the day on which fishing outside the hand-lining area recommences.
D. PREPARING AND REPORTING OF CATCH AND EFFORT DATA
11. 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 2-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 2-day period in total number of hooks set by the vessel.
12. To assist Australian authorities to carry out inspection of a vessel and to assist interpretation of 2-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 Industries and Energy 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.
13. Each vessel will provide the measurement of the length, from the tip of the snout to the caudal fork, of every southern bluefin tuna taken while operating in the Zone to the Australian Department of Primary Industries and Energy as a supplement to, and in the same manner as, the catch record described in Paragraph 12. The competent Japanese authorities will inform Japanese longline fishing vessels, upon receipt of the official Australian length measurement forms by the said authorities, that measurements are to be started immediately. All measurements, taken from the time this information is provided and for the duration of the Subsidiary Agreement, are to be recorded on the official Australian length measurement forms when they are delivered to the vessels.
14. 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 Industries and Energy in respect of the vessels not later than 90 days after the vessels return to their home ports.
The Department of Foreign Affairs and Trade avails itself of this opportunity to renew to the Embassy of Japan the assurances of its highest consideration.
CANBERRA
15 December 1989
[Note from the Embassy of Japan, Canberra, to the Australian Department of Foreign Affairs and Trade]
IV
Embassy of Japan
Canberra
No. 89-106
The Embassy of Japan presents its compliments to the Department of Foreign Affairs and Trade and has the honour to acknowledge receipt of the latter's Note No. 296691 dated 15 December 1989.
The Embassy of Japan avails itself of this opportunity to renew to the Department of Foreign Affairs and Trade the assurances of its highest consideration.
CANBERRA
15 December 1989
