FISHERIES REGULATIONS (AMENDMENT) 1983 NO. 10 FISHERIES REGULATIONS (AMENDMENT) 1983 NO. 10 - TABLE OF PROVISIONS 1. Schedule 3 1983 No. 10 FISHERIES REGULATIONS (AMENDMENT) - REG 1 Schedule 3 Schedule 3 to the Fisheries Regulations is repealed and the following Schedule substituted: SCHEDULE 3 Regulation 21 SUBSIDIARY AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF JAPAN CONCERNING JAPANESE TUNA LONG-LINE FISHING 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 degrees South, to the south by the parallel of Latitude 22 degrees 21'30" 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 purposes 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-eighth day of October, 1982, in the English language. For the Government of For the Government of Australia: Japan: PETER NIXON 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 9 degrees 39' 26" South, Longitude 144 degrees 28' East; (2) thence south along the meridian of Longitude 144 degrees 28' East to its intersection by the parallel of Latitude 9 degrees 54' South; (3) thence south-westerly along the rhumb line to the point of Latitude 10 degrees 15' South, Longitude 144 degrees 12' East; (4) thence south-westerly along the rhumb line to the point of Latitude 10 degrees 28' South, Longitude 144 degrees 10' East; (5) thence west along the parallel of Latitude 10 degrees 28' South to its intersection by the meridian of Longitude 144 degrees East; (6) thence south along that meridian to its interesection by the parallel of Latitude 10 degrees 41' South; (7) thence east along that parallel to its intersection by the meridian of Longitude 145 degrees East; (8) thence south along that meridian to its intersection by the parallel of Latitude 13 degrees South; (9) thence south-easterly along the rhumb line to the point of Latitude 15 degrees South, Longitude 146 degrees East; (10) thence southerly along the rhumb line to the point of Latitude 17 degrees 30' South, Longitude 147 degrees East; (11) thence south-easterly along the rhumb line to the point of Latitude 21 degrees South, Longitude 152 degrees 55' East; (12) thence southerly along the rhumb line to the point of Latitude 24 degrees 30' South, Longitude 154' East; (13) thence west along the parallel of Latitude 24 degrees 30' 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 28 degrees 40' South; (15) thence east along that parallel to its intersection by the meridian of Longitude 154 degrees East; (16) thence south along that meridian to its intersection by the parallel of Latitude 29 degrees 10' South; (17) thence southerly along the rhumb line to the point of Latitude 30 degrees South, Longitude 153 degrees 45' East; (18) thence south-westerly along the rhumb line to the point of Latitude 30 degrees 20' South, Longitude 153 degrees 35' East; (19) thence southerly along the rhumb line to the point of Latitude 30 degrees 55' South, Longitude 153 degrees 22' East; (20) thence west along the parallel of Latitude 30 degrees 55' 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 32 degrees 45' 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 degrees South; (24) thence east along that parallel to its intersection by the meridian of Longitude 152 degrees East; (25) thence south along that meridian to its intersection by the parallel of Latitude 37 degrees South; (26) thence southerly along the rhumb line to the point of Latitude 39 degrees South, Longitude 151 degrees East; (27) thence south along the meridian of Longitude 151 degrees East to its intersection by the parallel of Latitude 40 degrees South; (28) thence west along that parallel to its intersection by the meridian of Longitude 140 degrees 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 degrees East; (31) thence north along that meridian to its intersection by the parallel of Latitude 35 degrees South; (32) thence west along that parallel to the point 50 nautical miles easterly of Albany (Latitude 35 degrees 1' 30" South, Longitude 117 degrees 53' East); (33) thence along the arc of the circle with centre Albany (Latitude 35 degrres 1' 30" South, Longitude 117 degrees 53' 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 degrees East; (35) thence easterly along the rhumb line to the point of Latitude 13 degrees 21' South, Longitude 129 degrees 40' East; (36) thence north along the meridian of Longitude 129 degrees 14' East to its intersection by the parallel of Latitude 10 degrees 30' South; (37) thence east along that parallel to its intersection by the meridian of Longitude 133 degrees 16' East; (38) thence south along that meridian to its intersection by the parallel of Latitude 11 degrees South; (39) thence south-easterly along the rhumb line to the point of Latitude 11 degrees 25' South, Longitude 134 degrees 15' East; (40) thence east along the parallel of Latitude 11 degrees 25' South to its intersection by the meridian of Longitude 135 degrees 35' East; (41) thence north-easterly along the rhumb line to the point of Latitude 11 degrees 05' South, Longitude 136 degrees 10' East; (42) thence north-easterly along the rhumb line to the point of Latitude 10 degrees 30' South, Longitude 136 degrees 40' East; (43) thence south-easterly along the rhumb line to the point of Latitude 11 degrees South, Longitude 137 degrees 05' East; (44) thence south along the meridian of Longitude 137 degrees 5' East to its intersection by the parallel of Latitude 11 degrees 47' South; (45) thence easterly along the rhumb line to the point of Latitude 11 degrees 10' South, Longitude 141 degrees East; (46) thence north along the meridian of Longitude 141 degrees East to its intersection by the parallel of Latitude 10 degrees 22'44" South; (47) thence north-easterly along the rhumb line to the point of Latitude 9 degrees 46' South, Longitude 142 degrees East; (48) thence easterly along the rhumb line to the point of Latitude 9 degrees 45'24" South, Longitude 142 degrees 03'30" East; (49) thence north along the meridian of Longitude 142 degrees 3' 30" East to its intersection by the parallel of Latitude 9 degrees 15'43" South; (50) thence north-easterly along the rhumb line to the point of Latitude 9 degrees 12'50" South, Longitude 142 degrees 06'25" East; (51) thence north-easterly along the rhumb line to the point of Latitude 9 degrees 11'51" South, Longitude 142 degrees 08'33" East; (52) thence easterly along the rhumb line to the point of Latitude 9 degrees 11 degrees 58' South, Longitude 142 degrees 10'18" East; (53) thence easterly along the rhumb line to the point of Latitude 9 degrees 11'22" South, Longitude 142 degrees 12'54" East; (54) thence easterly along the rhumb line to the point of Latitude 9 degrees 11'34" South, Longitude 142 degrees 14'08" East; (55) thence south-easterly along the rhumb line to the point of Latitude 9 degrees 13'53" South, Longitude 142 degrees 16'26" East; (56) thence south-easterly along the rhumb line to the point of Latitude 9 degrees 16'04" South, Longitude 142 degrees 20'41" East; (57) thence south-easterly along the rhumb line to the point of Latitude 9 degrees 22'04" South, Longitude 142 degrees 29'41" East; (58) thence easterly along the rhumb line to the point of Latitude 9 degrees 21'48" South, Longitude 142 degrees 31'29" East; (59) thence south-easterly along the rhumb line to the point of Latitude 9 degrees 22'33" South, Longitude 142 degrees 33'28" East; (60) thence north-easterly along the rhumb line to the point of Latitude 9 degrees 21'25" South, Longitude 142 degrees 35'29" East; (61) thence easterly along the rhumb line to the point of Latitude 9 degrees 20'21" South, Longitude 142 degrees 41'43" East; (62) thence easterly along the rhumb line to the point of Latitude 9 degrees 20'16" South, Longitude 142 degrees 43'53" East; (63) thence easterly along the rhumb line to the point of Latitude 9 degreea 19' 26" South, Longitude 142 degrees 48' 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 9 degrees 23'40" South, Longitude 142 degrees 51' East; (65) thence south along the meridian of Longitude 142 degrees 51' East to its intersection by the parallel of Latitude 9 degrees 40'30" South; (66) thence easterly along the rhumb line to the point of Latitude 9 degrees 40' South, Longitude 143 degrees East; (67) thence north-easterly along the rhumb line to the point of Latitude 9 degrees 33' South, Longitude 143 degrees 05' East; (68) thence east along the parallel of Latitude 9 degrees 33' South to its intersection by the meridian of Longitude 143 degrees 20' East; (69) thence north-easterly along the rhumb line to the point of Latitude 9 degrees 24' South, Longitude 143 degrees 30' East; (70) thence easterly along the rhumb line to the point of Latitude 9 degrees 22' South, Longitude 143 degrees 48' East; (71) thence easterly along the rhumb line to the point of Latitude 9 degrees 30' South, Longitude 144 degrees 15' 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 degrees South, Longitude 145 degrees East; (2) thence south along the meridian of Longitude 145 degrees East to its intersection by the parallel of Latitude 13 degrees South; (3) thence south-easterly along the rhumb line to the point of Latitude 15 degrees South, Longitude 146 degrees East; (4) thence southerly along the rhumb line to the point of Latitude 17 degrees 30' South, Longitude 147 degrees East; (5) thence south-easterly along the rhumb line to the point of Latitude 18 degrees 43'16" South, Longitude 149 degrees East; (6) thence north along the meridian of Longitude 149 degrees East to its intersection by the parallel of Latitude 17 degrees South; (7) thence north-westerly along the rhumb line to the point of Latitude 14 degrees South, Longitude 147 degrees 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 degrees South, Longitude 126 degrees East; (2) thence west along the parallel of Latitude 35 degrees South to its intersection by the meridian of Longitude 120 degrees 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 degrees 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 32 degrees 45' 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 degrees 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 degrees South, Longitude 153 degrees 45' East; (2) thence south-westerly along the rhumb line to the point of Latitude 30 degrees 20' South, Longitude 153 degrees 35' East; (3) thence southerly along the rhumb line to the point of Latitude 30 degrees 55' South, Longitude 153 degrees 22' East; (4) thence west along the parallel of Latitude 30 degrees 55' 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 degrees 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 degrees 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 degrees South, Longitude 152 degrees East; (2) thence south along the meridian of Longitude 152 degrees East to its intersection by the parallel of Latitude 37 degrees South; (3) thence southerly along the rhumb line to the point of Latitude 39 degrees South, Longitude 151 degrees 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 degrees South; and (6) thence west along that parallel to the point of commencement. - NOTES 1983 No. 10*1* FISHERIES REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 11 February 1983. *2* Statutory Rules 1954 No. 116 as amended by 1968 Nos. 7 and 143; 1974 Nos. 211 and 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235; 1980 Nos. 13, 279 and 369; 1981 No. 388; 1982 No. 127.