Commonwealth Numbered Regulations

1983 No. 10 FISHERIES REGULATIONS (AMENDMENT) - REG 1

Schedule 3 to the Fisheries Regulations is repealed and the following Schedule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.