Agreed Minutes to the Agreement on Fisheries between Japan and the Republic of Korea.

National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Agreed Minutes to the Agreement on Fisheries between Japan and the Republic of Korea.

[Notes] Quote from the United Nations Treaty Collection: "Translation by the Government of Japan. The Secretariat also received an English translation of this agreement from the Government of Republic of Korea which on certain points differs from that provided by the Government of Japan. At the request of the Government of Republic of Korea, these differences have been shown by printing in italics the pertinent word of phrase in the translation of the Government of Japan and providing in square brackets the corresponding expression in the translation by the Government of the Republic of Korea."

The representatives of the Governments of Japan and the Republic of Korea have reached the following understandings concerning the Agreement on Fisheries between Japan and the Republic of Korea signed todays:

(a) The two Governments will [shall] give administrative guidance so that licences and identification markings will not be transfer{sic}ed from one fishing vessel to another on the sea except at a port.

(b) Either Government will [shall] tabulate by month the state of fishing operation by each fishery on the basis of reports of the fishing vessels in operation of its country on their positions at noon, and notify the other at least four times a year.

(a) The standard amount of the total annual fish catch within the joint regulation zone by drag-net fishing, by seine fishing and by mackerel-angling fishing by fishing vessels of not less than 60 tons will [shall] be 150,000 tons (with allowance of 10 percent upwards or downwards); for Japan, the breakdown of this amount of 150,000 tons is as follows: 10,000 tons for drag-net fishing by fishing vessels of less than 50 tons, 30,000 tons for drag-net fishing by fishing vessels of not less than 50 tons and 110,000 tons for seine fishing and for mackerel-angling fishing by fishing vessels of not less than 60 tons. The standard amount of the total annual fish catch is an amount of target regulating fishing operations by the maximum number of fishing vessels or units in operation. Either Government will [shall], if it recognizes that the amount of the total annual fish catch by drag-net fishing, seine fishing and by mackerel-angling fishing by fishing vessels of not less than 60 tons within the joint regulation zone is to exceed 150,000 tons, give administrative guidance even during fishing seasons so as to restrict the number of fishing vessels or units in operation in order to keep the amount of the total annual fish catch within [less than] 165,000 tons.

(b) Either Government will [shall] designate the ports for landing the fish caught within the joint regulation zone by fishing vessels of its country engaging in fisheries subject to the application of the provisional regulation measures for fisheries.

(c) Either Government will [shall] tabulate by month the amount of fish catch on the basis of reports of the fishing vessels in operation of its country on the amount of their fish catch within the joint regulation zone and on the basis of survey at the ports of landing, and notify the results to the other at least four times a year.

(d) Either Government will, at the time of the observation [inspection] by an official of the other referred to in 3 (c), if requested by that other, render to that official as much convenience as possible for the observation [inspection] of landing of the fish caught by fishing vessels of its country subject to the application of the provisional regulation measures for fisheries, and make arrangements so that explanations about the reporting and tabulation of fish catch will be given to him to the extent possible.

3. Re policing and violation concerning the provisional regulation measures for fisheries:

(a) A duly authorized official on a patrol vessel of either country may immediately notify, when he discovers a fact which makes him believe with sufficient reasons that a fishing vessel of the other country is actually and [Does not appear in the English translation provided by the Government of Republic of Korea] obviously violating the provisional regulation measures for fisheries, the fact to a duly authorized official on a patrol vessel of the other country to which such fishing vessel belongs. The Government of that other country will [shall] respect the notification in carrying out enforcement [policing such fishing vessel] and exercising its jurisdiction over such fishing vessel, and will [shall] notify the measures taken as a consequence to the Government of that either country.

(b) The patrol vessels of the two countries may, in carrying out enforcement over [policing] the fishing vessels of the respective countries with respect to the provisional regulation measures for fisheries, patrol jointly and maintain close contacts, as necessary, in accordance with the result of prior consultations between the authorities concerned of the two countries, in order to make their policing smooth and effective.

(c) Either Government will [shall], if requested by the other, render as much convenience as possible for the observation [inspection] of the state of policing within its country concerning the provisional regulation measures for fisheries to an official of the other who has been specially authorized for this purpose.

(d) Either Government will, in carrying out enforcement over [shall, in policing] the fishing vessels of its country with respect to the provisional regulation measures for fisheries, if requested by the other and if it deems such a request as appropriate, render reciprocally [Does not appear in the English translation provided by the Government of Republic of Korea] as much convenience as possible to officials of the other for boarding its patrol vessels engaging solely in enforcement over [policing] fisheries, for the purpose of observation of the actual state of policing.

The Japan-Republic of Korea Joint Fisheries Commission will [shall] select annually the Director of the permanent Secretariat from among members of the national section of the Contracting Party in which the annual meeting of following year will be held, before the closing of each annual meeting. The Director will [shall] hold office for a period of one year. The Director will carry out the business of the Secretariat including preparations for holding Commission meetings with the assistance of the authorities concerned of his country and, when necessary, with the assistance of the duly authorized officials of the other Contracting Party stationed in his country.

The countries to be chosen respectively by the two Governments and the third country to be determined upon consultation between the governments of the countries so chosen, which are mentioned in paragraph 3 of Article IX of the Agreement, will [shall] be selected from among the countries having diplomatic relations with both Japan and the Republic of Korea.

6. Re exchange of information between patrol vessels concerning the state of fishing operation:

A patrol vessel of either country may, when it deems necessary, request a patrol vessel of the other to furnish necessary information concerning the state of fishing operation in the joint regulation zone, and the patrol vessel of the other will [shall] comply with such request as far as possible.

The two Governments will [shall] exchange information concerning the state of coastal fishing operation (excluding drag-net fishing and seine fishing and mackerel-angling fishing by fishing vessels of not less than 60 tons) and, if necessary for the maintenance of order in fishing grounds, will [shall] hold consultations with each other.

(a) With respect to the fishing ban areas concerning drag-net fishing and concerning seine fishing, and the waters enclosed by the lines of 128° East Longt{sic}itude, 128° 30' East Longitude, 33° 9' 15" North Latitude and 25° North Latitude concerning drag-net fishing, presently established by the Government of Japan, and with respect to the fishing ban areas concerning drag-net fishing and concerning trawl fishing presently established by the Government of the Republic of Korea, either Government will [shall] respectively take necessary measures to prevent fishing vessels of its country from engaging in such fishing operations in these waters of the other.

(b) The systems being applied [enforced] by the Government of the Republic of Korea with respect to drag-net fishing by the fishing vessels of the Republic of Korea of less than 50 tons in that part of the Yellow Sea which is within the aforementioned fishing ban areas of the Republic of Korea and with respect to drag-net fishing for prawn of the Republic of Korea in that part of the Japan Sea which is within the said fishing ban areas will [shall] be recognized as exceptions.

(c) A duly authorized official on a patrol vessel of either country may, when he discovers the fact that a fishing vessel of the other is operating in its areas referred to in (a), call attention of such fishing vessels to the fact and, at the same time, promptly notify the fact to a duly authorized official on a patrol vessel of the other. The Government of that other will [shall] respect the notification in carrying out enforcement [policing] and exercising its jurisdiction over such fishing vessel and will [shall] notify the measures taken as a consequence to the Government of that either country.

It is confirmed that innocent passage (in the case of fishing vessels, it is restricted to cases where their fishing gear has been put away [stowed away]) through territorial seas and fishery zones will be in accordance with [shall conform to] the rules of international law.

The two Governments will [shall] conclude arrangements as soon as possible with respect to rescue at sea and emergency refuge for fishing vessels of the two countries. Even prior to the conclusion of such arrangements, the two Governments will [shall] provide pertinent rescue and protection to the extent possible in accordance with international practice with respect to rescue at sea and emergency refuge for fishing vessels of the two countries.