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 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 licence issued for each of the vessels referred to in Article I of this Subsidiary Agreement, permit that vessel to take within the Zone of 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 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 12 South, to the south by the parallel of Latitude 222130 South and to the west by the line described in paragraph A 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 to prevent parts of long-lines from drifting into the areas and at the times for each of those areas specified in the Appendix to 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 areas cannot be 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 1979, 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 seventeenth day of October 1979, in the English language.
FOR THE GOVERNMENT OF AUSTRALIA
[Signed:]
P J NIXON
FOR THE GOVERNMENT OF JAPAN:
[Signed:]
YOSHIO OKAWARA
APPENDIX
Excepted Areas and Times
A. At all times, the area landward of the line:
(1) commencing at the point, Latitude 93926 South, Longitude 14428 East;
(2) thence south to the point, Latitude 954 South, Longitude 14428 East;
(3) thence south-westerly to the point, Latitude 1015 South, Longitude 14412 East;
(4) thence south-westerly to the point. Latitude 1028 South, Longitude 14410 East;
(5) thence west along the parallel of Latitude 1028 South to its intersection with the outer edge of the Great Barrier Reef (Adm. 1039);
(6) thence southerly along the outer edge of the Great Barrier Reef to its intersection with the parallel of Latitude 1420 South (Adm. 1039);
(7) thence east to the point, Latitude 1420 South, Longitude 14544 East;
(8) thence south-easterly to the point, Latitude 1444 South, Longitude 14556 East;
(9) thence southerly to the point, Latitude 1525 South, Longitude 146 East;
(10) thence southerly to the point, Latitude 1609 South, Longitude 14607 East;
(11) thence south-easterly to the point, Latitude 1647 South, Longitude 14639 East;
(12) thence southerly to the point, Latitude 1729 South, Longitude 14655 East;
(13) thence southerly to the point, Latitude 1747 South, Longitude 14657 East;
(14) thence south-easterly to the point, Latitude 18 South, Longitude 14710 East;
(15) thence west along the parallel of Latitude 18 South to its intersection with the outer edge of the Great Barrier Reef (Adm. 1042);
(16) thence southerly along the outer edge of the Great Barrier Reef to its intersection with the parallel of Latitude 222130 South (Adm. 1042, 1024);
(17) thence east along the parallel of Latitude 222130 South to its first intersection with the 200-metre isobath (Aus. 4602);
(18) thence southerly along that isobath to its intersection with the parallel of Latitude 3245 South;
(19) thence west along the parallel of Latitude 3245 South to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(20) thence southerly along that line to its intersection with the parallel of Latitude 35 South;
(21) thence east along the parallel of Latitude 35 South to its intersection with the 200-metre isobath (Aus. 4601);
(22) thence southerly along that isobath to its intersection with the parallel of Latitude 40 South at the eastern approach to Bass Strait (Aus. 4601);
(23) thence west along the parallel of Latitude 40 South to its intersection with the 200-metre isobath at the western approach to Bass Strait (Aus. 4601);
(24) thence north-westerly along that isobath to its first intersection with the meridian of Longitude 140 East (Aust. 4601, 4709);
(25) thence north along the meridian of Longitude 140 East to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(26) thence north-westerly along that line to its first intersection with the parallel of Latitude 35 South, south-west of Eyre Peninsula in South Australia;
(27) thence west along the parallel of Latitude 35 South to its fourth intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured, east of Albany;
(28) thence westerly, northerly and north-easterly along that line to its first intersection with the meridian of Longitude 12955 East;
(29) thence north to the point, Latitude 1030 South, Longitude 12955 East;
(30) thence east to the point, Latitude 1030 South, Longitude 133 East;
(31) south along the meridian of Longitude 133 East to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(32) thence easterly along that line to its first intersection with the straight line drawn from Cape Wilberforce (Latitude 1152 South, Longitude 13633 East) in the Northern Territory to Slade Point (Latitude 1059 South, Longitude 14208 East) in Queensland;
(33) thence easterly along that straight line to its intersection with the meridian of Longitude 141 East;
(34) thence north to the point, Latitude 102244 South, Longitude 141 East;
(35) thence north-easterly to the point, Latitude 946 South, Longitude 142 East;
(36) thence easterly to the point, Latitude 94524 South, Longitude 1420330 East;
(37) thence north to the point, Latitude 91543 South, Longitude 1420330 East;
(38) thence north-easterly to the point, Latitude 91250 South, Longitude 1420625 East;
(39) thence north-easterly to the point, Latitude 91151 South, Longitude 1420833 East;
(40) thence easterly to the point, Latitude 91158 South, Longitude 1421018 East;
(41) thence easterly to the point, Latitude 91122 South, Longitude 1421254 East;
(42) thence easterly to the point, Latitude 91134 South, Longitude 1421408 East;
(43) thence south-easterly to the point, Latitude 91353 South, Longitude 1421626 East;
(44) thence south-easterly to the point, Latitude 91604 South, Longitude 1422041 East;
(45) thence south-easterly to the point, Latitude 92204 South, Longitude 1422941 East;
(46) thence easterly to the point, Latitude 92148 South, Longitude 1423129 East;
(47) thence south-easterly to the point, Latitude 92233 South, Longitude 1423328 East;
(48) thence north-easterly to the point, Latitude 92125 South, Longitude 1423529 East;
(49) thence easterly to the point, Latitude 92021 South, Longitude 1423143 East;
(50) thence easterly to the point, Latitude 92016 South, Longitude 1424353 East;
(51) thence easterly to the point, Latitude 91926 South, Longitude 1424818 East;
(52) thence south-easterly to the point, Latitude 92340 South, Longitude 14251 East;
(53) thence south to the point, Latitude 94030 South, Longitude 14251 East;
(54) thence easterly to the point, Latitude 940 South, Longitude 143 East;
(55) thence north-easterly to the point, Latitude 933 South, Longitude 14305 East;
(56) thence east to the point, Latitude 933 South, Longitude 14320 East;
(57) thence north-easterly to the point, Latitude 924 South, Longitude 14330 East;
(58) thence easterly to the point, Latitude 922 South, Longitude 14348 East;
(59) thence easterly to the point, Latitude 930 South, Longitude 14415 East; and
(60) thence south-easterly to the point of commencement.
B. At all times, the areas, other than the area described in paragraph A of this Appendix, within 12 nautical miles seaward of the baselines from which the breadth of the territorial sea is measured.
C. 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, south of Australia, at the point of the meridian of Longitude 120 East which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(2) thence north to the point, Latitude 35 South, Longitude 120 East;
(3) thence east along the parallel of Latitude 35 South to its third intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured, west of Eyre Peninsula in South Australia;
(4) thence south-easterly along that line to its intersection with the meridian of Longitude 140 East;
(5) thence south to the point, Latitude 40 South, Longitude 140 East;
(6) thence west along the parallel of Latitude 40 South to its first intersection with the line every point on which is 200 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured; and
(7) thence westerly along that line to the point of commencement.
D. From 30 April to 31 July 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 intersection of the parallel of Latitude 40 South with the 200-metre isobath at the eastern approach to Bass Strait (Aus. 4601);
(2) thence east to the point, Latitude 40 South, Longitude 151 East;
(3) thence north along the meridian of Longitude 151 East to its intersection with the 200-metre isobath (Aus. 4601); and
(4) thence southerly along that isobath to the point of commencement.
E. From 1 September 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 with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured;
(2) thence east along the parallel of Latitude 3245 South to its intersection with the 200-metre isobath (Aus. 4602);
(3) thence southerly along that isobath to its intersection with the parallel of Latitude 35 South;
(4) thence west along the parallel of Latitude 35 South to its intersection with the line every point on which is 12 nautical miles seaward of the baseline from which the breadth of the territorial sea is measured; and
(5) thence northerly along that line to the point of commencement.
