Agreement On Fisheries Between The Government Of Australia And The Government Of Japan
Source: Giordano
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF JAPAN,
RECALLING their concern for the rational management, conservation and optimum utilisation of the living resources of the sea and the need to promote the orderly development of the international law of the sea,
TAKING INTO ACCOUNT developments in the international law of the sea including developments of the Third United Nations Conference on the Law of the Sea,
RECOGNISING that the Government of Australia exercises, in accordance with international law, sovereign rights for the purposes of exploring and exploiting, conserving and managing the living resources within the zone of 200 nautical miles off its coasts (hereinafter referred to as "the Australian fishing zone"),
CONSIDERING that nationals and fishing vessels of Japan have been engaged, for a considerable period of time, in the utilisation of certain living resources off the coast of Australia and have also made a contribution to the development of and research into such resources,
CONSIDERING further the desire of the Government of Japan that fishing vessels of Japan continue to pursue their interest in the utilisation of these resources,
DESIROUS of establishing the terms and conditions under which their mutual fisheries relations shall be conducted, and
TAKING INTO ACCOUNT their desire to promote co-operation in the field of fisheries and in this way further to develop friendly relations between Australia and Japan,
HAVE AGREED as follows:
Article I
The Government of Australia and the Government of Japan undertake to ensure close co-operation between the two countries in matters pertaining to the conservation and optimum utilisation of the living resources of the sea. They shall endeavour to facilitate such co-operation and shall continue to consult and co-operate bilaterally or multilaterally, as appropriate, with a view to achieving common fisheries objectives.
Article II
1. The Government of Australia shall permit fishing vessels of Japan to engage in fishing within the Australian fishing zone in accordance with the provisions of this Agreement.
2. The detailed procedures for the conduct of fishing operations by fishing vessels of Japan within the Australian fishing zone and for the issuance of licences by the Government of Australia shall be provided for in subsidiary agreements between the two Governments.
3. The Government of Australia shall require compliance by fishing vessels of Japan engaged in fishing within the Australian fishing zone with Australian law in respect of fisheries applicable to foreign fishing vessels within the Australian fishing zone.
Article III
1. The Government of Australia shall, in the exercise of its sovereign rights in respect of the living resources within the Australian fishing zone, determine annually, subject to adjustment when necessary to meet unforeseen circumstances:
(a) the total allowable catch for individual stocks or complexes of stocks, taking into account the best available scientific evidence, the interdependence of stocks and all other relevant factors;
(b) the portion of the total allowable catch for such stocks that will be taken by fishing vessels of Australia; and
(c) allocations, as and where appropriate, for fishing vessels of Japan of parts of surpluses of such stocks.
2. The Government of Australia shall inform the Government of Japan, on a timely basis, of any determination or adjustment made in pursuance of this Article.
Article IV
The Government of Japan shall take appropriate measures, in accordance with the relevant laws and regulations of Japan, to ensure:
(a) that fishing vessels of Japan not engage in fishing within the Australian fishing zone, unless licensed under this Agreement;
(b) that fishing vessels of Japan licensed to fish within the Australian fishing zone comply with the provisions of this Agreement; and
(c) that persons on board fishing vessels of Japan within the Australian fishing zone allow boarding and comply with the instructions of duty authorised Australian officials for the purposes of inspection and enforcement.
Article V
1. The Government of Australia shall give prompt notification through diplomatic channels informing the Government of Japan of the arrest of nationals of Japan on board fishing vessels of Japan or the seizure of such vessels. The Government of Australia also shall inform the Government of Japan of the outcome of any subsequent legal proceedings relating to such arrested nationals of Japan or seized fishing vessels of Japan.
2. In the event of arrest or seizure, nationals of Japan and fishing vessels of Japan shall, on compliance with the requirements of Australian law relating to bond or other security, be promptly released.
Article VI
1. The Government of Japan shall take necessary measures to notify the Government of Australia of details of fishing vessels of Japan that wish to engage in fishing within the Australian fishing zone.
2. Fishing vessels of Japan, in order to fish within the Australian fishing zone, shall obtain licences in accordance with Australian law.
Article VII
1. The Government of Japan shall co-operate with the Government of Australia in the conduct of scientific research for the purposes of the effective conservation and optimum utilisation of the living resources within the Australian fishing zone.
2. The Government of Japan shall make available to the Government of Australia such statistical and biological information as may be required by the Government of Australia for the purposes of managing and conserving the living resources within the Australian fishing zone.
Article VIII
The Government of Japan shall take all necessary measures, in accordance with the relevant laws and regulations of Japan, to facilitate prompt and adequate settlement of a claim for loss or damage on the part of the Government of Australia or Australian citizens for which fishing vessels of Japan licensed pursuant to paragraph 2 of Article VI of this Agreement are responsible while within the Australian fishing zone for the purpose of fishing operations.
Article IX
The Government of Australia and the Government of Japan shall hold periodic consultations regarding the implementation of this Agreement.
Article X
If a dispute arises between the Government of Australia and the Government of Japan as to the interpretation or application of any of the provisions of this Agreement, the two Governments shall endeavour to settle it by negotiations between themselves. Such negotiations shall begin within sixty days after one Government receives a request for the opening of negotiations from the other.
Article XI
Nothing in this Agreement shall be deemed to affect other existing international agreements to which Australia and Japan are parties or to prejudice the position of the Government of either country in regard to any question under negotiation at the Third United Nations Conference on the Law of the Sea.
Article XII
1. This Agreement shall enter into force on the first day of November 1979.
2. This Agreement shall remain in force for a period of two years and shall continue in force thereafter until the expiration of twelve months from the date on which either Government shall give notice to the other of its intention to terminate this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this 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
[Note from the Australian Minister for Primary Industry to the Ambassador of Japan to Australia]
Note I
Canberra
17 October 1979
His Excellency Mr Yoshio Okawara
Ambassador Extraordinary and Plenipotentiary of Japan to Australia
Excellency
I have the honour to refer to the Agreement on Fisheries between the Government of Australia and the Government of Japan signed today, and to confirm that the Government of Australia in the exercise of its sovereign rights under Article III of the said Agreement, will take into consideration all relevant factors including Australian interests, the development of co-operation between the two Governments pursuant to the said Agreement including the development of co-operation with regard to access to the Japanese market for Australian fish and fish products, and the fact that nationals and fishing vessels of Japan have been engaged for a considerable period of time in the utilisation of certain living resources off the coast of Australia.
I should be grateful if Your Excellency would confirm that the Government of Japan comprehends the position of the Government of Australia as stated above.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
[Signed:]
P J NIXON
Minister of State for Primary Industry
[Note from the Ambassador of Japan to Australia, to the Australian Minister for Primary Industry]
Note II
Canberra
17 October 1979
The Honourable P J Nixon MP
Minister of State for Primary Industry
Excellency
I have the honour to acknowledge receipt of Your Excellency's Note of today's date, which reads as follows:
[Here follows text as printed under I.]
I have further the honour to confirm that the Government of Japan comprehends the position of the Government of Australia as stated in the above letter.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
[Signed:]
YOSHIO OKAWARA
Ambassador Extraordinary and Plenipotentiary of Japan to Australia
[Note from the Australian Minister for Primary Industry to the Ambassador of Japan to Australia]
Note III
Canberra
17 October 1979
His Excellency Mr Yoshio Okawara
Ambassador Extraordinary and Plenipotentiary of Japan to Australia.
Excellency
I have the honour to refer to the Agreement on Fisheries between the Government of Australia and the Government of Japan signed today, and to confirm that it is the understanding of the Government of Australia that, in the consultations referred to in Article IX of the said Agreement, the two Governments shall amongst other things examine the possibility of further co-operation in the field of fisheries , including in particular:
(1) exchanges of technical information and personnel;
(2) the expansion of markets, including improved market access for fish and fish products originating in Australia;
(3) the facilitation of co-operative arrangements between Japanese and Australian enterprises for the catching of living resources from the Australian fishing zone and for the utilisation, processing and marketing of catches from the Australian fishing zone; and
(4) such other matters as may be agreed upon.
I should be grateful if Your Excellency would confirm that the foregoing is also the understanding of the Government of Japan.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
[Signed:]
P J NIXON
Minister of State for Primary Industry
[Note from the Ambassador of Japan to Australia to the Australian Minister for Primary Industry]
Note IV
Canberra
17 October 1979
The Honourable P J Nixon MP
Minister of State for Primary Industry
Excellency
I have the honour to acknowledge receipt of Your Excellency's Note of today's date, which reads as follows:
[Here follows text as printed under III.]
I have further the honour to confirm that the foregoing is also the understanding of the Government of Japan.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
[Signed:]
YOSHIO OKAWARA
Ambassador Extraordinary and Plenipotentiary of Japan to Australia
The following documents are included for ease of reference. They are not of treaty status.
MEMORANDUM OF UNDERSTANDING
The Representatives of the Government of Australia and the Government of Japan, with respect to the Agreement on Fisheries between the Government of Australia and the Government of Japan signed today, wish to record the following:
1. It is understood that for the purposes of the Agreement the term " fishing vessel of Japan" means a vessel registered in Japan and operated for commercial purposes by and for Japanese nationals or corporations and used for or equipped to be used for
(a) fishing ;
(b) performing any activity relating to fishing , including transportation or processing; or
(c) supporting one or more vessels at sea in the performance of any activity mentioned in (a) or (b) above.
2. It is understood that in the event that a fishing vessel of Japan is observed by the competent Authorities of the Government of Australia in violation of the provisions of the Agreement within the Australian fishing zone and such vessel evades seizure or arrest by such Authorities, the competent Authorities of the Government of Japan intend, on receipt of a request from the competent Authorities of the Government of Australia, to give administrative guidance to discourage the persons responsible for the violation from further engaging in fishing within the Australian fishing zone.
Canberra
17 October 1979
RECORD OF DISCUSSION
In connection with the Agreement on Fisheries between the Government of Australia and the Government of Japan signed today, the delegations of the Government of Australia and the Government of Japan wish to record the following:
1. The Australian delegation, during the course of discussions with regard to access to Japanese markets for Australian fish and fish products, stated that the Australian Government required from Japan an affirmative response to the following matters listed in Mr McKay's letter of 8 May 1979:
(a) formal advice from the Japanese side as to the fishery items on which Japan now imposes import quotas or other non-tariff restrictions and an undertaking to warn Australia in advance of any intended alterations in access conditions on items which Australia had nominated as being of trade interest;
(b) where there were nominated items that were subject to non-tariff restrictions, the Australian side wanted to explore arrangements whereby Australia could be assured a satisfactory level of access for its existing exports or for exports that may develop as Australian capacity developed;
(c) Japan's agreement to enter into bilateral consultations on request from Australia should Japanese Government import policies inhibit access for its products; and
(d) the development of mechanisms, perhaps a joint committee comprising Government and commercial interests, which would promote the commercial development of Australia's fish exports to Japan and which could also be used to tackle and overcome any problems of a commercial nature that may arise for Australian fish exports to Japan.
2. In response, the Japanese delegation stated that the following was Japan's position:
(a) (i) The Japanese Government is prepared to inform the Australian Government of the fish and fish product items subject to quotas under Japanese import regulations;
(ii) Quota levels on all imports have, in principle, been announced publicly since 1 April of this year, and accordingly it has been decided to successively announce the import quotas for fish and fish products. Against this background and given the Australian Government's request, direct notification of import quotas for fish and fish products would be possible;
(iii) 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;
(b) 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;
(c) The Japanese Government would be prepared to hold consultations in respect of market access for fish and fish products either through diplomatic channels or on an ad-hoc basis, should this be requested; and
(d) Should a mechanism to conduct inter-industry discussions be set up at the initiative of private industry sectors in the future, the Japanese Government would study attendance at these meetings by officials with the status of observers.
Canberra
17 October 1979
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 concluded.
Canberra
17 October 1979
[Note from the Australian Department of Foreign Affairs to the Embassy of Japan, Canberra]
CH052966
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 17 October 1979.
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, not later than 30 days before it is intended that the vessel will commence fishing in the Japanese tuna long-line fishing area.
(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 the intended program of port entries and 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, either directly or through an agent nominated by the Organisations, will make arrangements in accordance with the fishing plan for delivery of licences to the vessels concerned on their first entry to an Australian port and will not require the vessels to carry the licences until that time.
(g) the Australian Department of Primary Industry will forward to the Organisations, or an agent nominated by the Organisations, the licences for each vessel for which the fishing plan indicates that it does not intend to call at an Australian port and the Organisations will make appropriate arrangements for the delivery of the licence to each such vessel.
(h) during the first two months after entry into force of the Subsidiary Agreement, a vessel for which the fishing plan indicates that it does not intend to call at an Australian port may, on receipt of advice that an Australian licence has been granted, 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 the Zone.
(i) the fee of 1,400,000 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 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 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 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 Licenced Foreign Fishing Vessels", a copy of which, in English, is attached to this Note.
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 will consult with the competent Japanese authorities at any time during the operation of the Subsidiary Agreement. In particular, the Australian Fisheries Authorities will consult with the competent Japanese authorities within six months of the signing of the Subsidiary Agreement to discuss experience in implementing the reporting requirements. Before those consultations, the Australian authorities will use their best endeavours to assist the Masters and crews of vessels in complying with the practice and will record any case evidencing genuine difficulty in complying with the relevant procedures.
C. PREPARING AND REPORTING OF CATCH AND EFFORT DATA
6. 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 six day period in number and estimated total weight of southern bluefin tuna, albacore tuna, bigeye tuna, yellowfin tuna, marlins and other species; and
(b) the effort in the Zone in each six day period in total number of hooks set by the vessel.
7. The competent Japanese authorities will arrange for the provision of the following data 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:
(a) a copy of the original data sheets of the report of tuna long-line fishing which, in accordance with the relevant laws and regulations of Japan, each Japanese tuna vessel is required to make, identified by the international radio call-sign of the vessel and relating to its fishing operations in the Zone;
(b) 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.
8. 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.
9. The competent Japanese authorities will provide to the Australian Department of Primary Industry a copy of the Japanese error check program and sufficient supporting documentation to enable the Australian Department of Primary Industry to apply corrections to facsimile data sheets equivalent to those applied in Japan.
The Department of Foreign Affairs avails itself of this opportunity to renew to the Embassy of Japan the assurances of its highest consideration.
Canberra
17 October 1979
EMBASSY OF JAPAN
CANBERRA
No. 79-095
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. CH052966 dated 17 October 1979.
The Embassy avails itself of this opportunity to renew to the Department the assurances of its highest consideration.
CANBERRA
17 October 1979
