Agreement Between Japan and the Republic of Korea Concerning Fisheries
No. 8472
Japan
and
Republic of Korea
Agreement on fisheries (with annex, exchanges of notes, exchange of letters, agreed minutes and record of discussions). Signed at Tokyo, on 22 June 1965
Official texts: Japanese and Korean.
Registered by Japan on 15 December 1966.
[Translation[1]]
Japan and the Republic of Korea,
Desiring that the maximum sustained productivity of the fishery resources in waters of their common interest be maintained;
Being convinced that the conservation of the said resources and their rational exploitation and development will serve the interest of both countries;
Confirming that the principle of the freedom of the high seas shall be respected[,] unless otherwise specifically provided in the present Agreement;
Recognizing the desirability of eliminating causes of disputes which may arise from their geographical proximity and the intermingling of their fisheries; and
Desiring to cooperate mutually for the development of their fisheries;
Have agreed as follows:
Article I
1. The Contracting Parties mutually recognize that each Contracting Party has the rights to establish within twelve nautical miles measured from its coastal baseline a sea zone over which it exercises exclusive jurisdiction with respect to fisheries (hereinafter referred to as “fishery zone”). However, in case where either Contracting Party uses a straight baseline in establishing its fishery zone, it shall determine such straight baseline upon [through] consultation with the other Contracting Party.
2. The Contracting Parties shall not raise against each other any objection to the exclusion by either Contracting Party of the fishing vessels of the other Contracting Party from engaging in fishing operation in the fishery zone of that either Contracting Party.
3. The overlapping part of the fishery zones of the Contracting Parties shall be divided into two by the straight lines joining the two end-points of the part with the mid-point of the straight line drawn across that area at its widest point.
Article II
The Contracting Parties shall establish a joint regulation zone enclosed by the lines described below (excluding any territorial seas and the fishery zone of the Republic of Korea).
(a) Meridian 124° East Longitude north of 37° 30′ North Latitude.
(b) Lines connecting the following points in order:
| (i) | Intersection of 37° 30′ North Latitude and 124° East Longitude |
| (ii) | Intersection of 36° 45′ North Latitude and 124° 30′ East Longitude |
| (iii) | Intersection of 33° 30′ North Latitude and 124° 30′ East Longitude |
| (iv) | Intersection of 32° 30′ North Latitude and 126° East Longitude |
| (v) | Intersection of 32° 30′ North Latitude and 127° East Longitude |
| (vi) | Intersection of 34° 34′ 30″ North Latitude and 129° 2′ 50″ East Longitude |
| (vii) | Intersection of 34° 44′ 10″ North Latitude and 129° 8′ East Longitude |
| (viii) | Intersection of 34° 50′ North Latitude and 129°′14′ East Longitude |
| (ix) | Intersection of 35° 30′ North Latitude and 130° East Longitude |
| (x) | Intersection of 37° 30′ North Latitude and 131° 10′ East Longitude |
| (xi) | Highest peak of Uamryung |
Article III
The Contracting Parties shall implement in the joint regulation zone, until such time as conservation measures necessary for the maintenance of the maximum sustained productivity of fishery resources are implemented on the basis of sufficient scientific surveys, the provisional regulation measures for fisheries described in the Annex, which constitutes an integral part of the present Agreement, with respect to drag-net fishing and seine fishing and to mackerel-angling fishing by fishing vessels of not less than 60 tons. (Tonnage is in gross tonnage and is indicated by deducting the tonnage allowed for improving living quarters of the vessel.)
Article IV
1. Policing (including halting and inspecting [visiting] of vessel) and court jurisdiction in the waters outside the fishery zone shall be carried out and exercised only by the Contracting Party to which the fishing vessel belongs.
2. Each Contracting Party shall give and exercise pertinent guidance and supervision in order to ensure that its nationals and fishing vessels observe faithfully the provisional regulation measures for fisheries, and shall enforce domestic measures, including appropriate penalties against violations thereof.
Article V
Joint resources survey zones shall be established outside the joint regulation zone. The extent of the said survey zones and the survey to be conducted within these zones shall be determined upon consultation between the two Contracting Parties on the basis of recommendation to be made by the Joint Fisheries Commission provided for in Article VI of the present Agreement.
Article VI
1. The Contracting Parties shall establish and maintain the Japan-Republic of Korea Joint Fisheries Commission (hereinafter referred to as “the Commission”) in order to realize the objectives of the present Agreement.
2. The Commission shall be composed of two national sections, each consisting of three members appointed by the Governments of the respective Contracting Parties.
3. All resolutions, recommendations, and other decisions of the Commission shall be made only by agreement between the national sections.
4. The Commission may decide upon and amend, as occasion may require, rules for the conduct of its meetings.
5. The Commission shall meet at least once each year and at such other times as may be requested by either of the national sections. The date and place of the first meeting shall be determined by agreement between the Contracting Parties.
6. At its first meeting, the Commission shall select a Chairman and a Vice-Chairman from different national sections. The Chairman and the Vice-Chairman shall hold office for a period of one year. Selection of the Chairman and the Vice-Chairman from the national sections shall be made in such a manner as will provide in turn each Contracting Party with representation in these offices.
7. A permanent secretariat shall be established under the Commission to carry out the business of the Commission.
8. The official languages of the Commission shall be Japanese and Korean. Proposals and data may be submitted in either official language, or, if necessary, in English.
9. In case the Commission concludes that joint expenses are necessary, such expenses shall be paid by the Commission through contributions made by the Contracting Parties in the form and proportion recommended by the Commission and approved by the Contracting Parties.
10. The Commission may delegate the disbursement of funds for the joint expenses.
Article VII
1. The Commission shall perform the following functions:
(a) Recommend to the Contracting Parties with respect to scientific survey to be conducted for the purpose of studying the fishery resources in waters of their common interest and to the regulation measures to be taken within the joint regulation zone on the basis of the results of such survey and study;
(b) Recommend to the Contracting Parties with respect to the extent of the joint resources survey zones;
(c) Review, when necessary, matters concerning the provisional regulation measures for fisheries and recommend to the Contracting Parties with respect to measures, including the revision of the provisional regulation measures, to be taken on the basis of the results of such review;
(d) Deliberate on necessary matters concerning the safety and order of operation between the fishing vessels of the Contracting Parties and on general principles of measures for handling accidents at sea between the fishing vessels of the Contracting Parties, and recommend to the Contracting Parties with respect to measures to be taken on the basis of the results of such deliberation;
(e) Compile and study data, statistics and records to be provided by the Contracting Parties at the request of the Commission;
(f) Consider and recommend to the Contracting Parties with respect to the enactment of schedules of equivalent penalties for violations of the present Agreement;
(g) Submit annually to the Contracting Parties a report on the operations of the Commission; and
(h) In addition to the foregoing, deliberate on various technical questions arising from the implementation of the present Agreement, and recommend, when deemed necessary, to the Contracting Parties with respect to measures to be taken.
2. The Commission, in order to perform its functions, may, when necessary, establish subordinate organs composed of experts.
3. The Governments of the Contracting Parties shall respect to the extent possible the recommendations made by the Commission under the provisions of paragraph 1.
Article VIII
1. The Contracting Parties shall take measures deemed pertinent toward their respective nationals and fishing vessels in order to have them observe international practices concerning navigation, to ensure safety and maintain proper order in operation between the fishing vessels of the Contracting Parties and to seek smooth and speedy settlements of accidents at sea between the fishing vessels of the Contracting Parties.
2. For the purposes set forth in paragraph 1, the authorities concerned of the Contracting Parties shall, to the extent possible, maintain close contact and cooperate with each other.
Article IX
1. Any dispute between the Contracting Parties concerning the interpretation and implementation of the present Agreement shall be settled, first of all, through diplomatic channels.
2. Any dispute which fails to be settled under the provisions of paragraph 1 shall be referred for decision to an arbitration board composed of three arbitrators, one each to be appointed by the Government of each Contracting Party within a period of thirty days from the date of receipt by the Government of either Contracting Party from the Government of the other of a note requesting arbitration of the dispute, and the third arbitrator to be agreed upon by the two arbitrators so chosen within a further period of thirty days or the third arbitrator to be appointed by the government of a third country agreed upon within such further period by the two arbitrators, provided that the third arbitrator shall not be a national of either Contracting Party.
3. If, within the periods respectively referred to, the Government of either Contracting Party fails to appoint an arbitrator, or the third arbitrator or a third country is not agreed upon, the arbitration board shall be composed of the two arbitrators to be designated by each of the governments of the two countries respectively chosen by the Governments of the Contracting Parties within a period of thirty days and the third arbitrator to be designated by the government of a third country to be determined upon consultation between the governments so chosen.
4. The Governments of the Contracting Parties shall abide by any award made by the arbitration board under the provisions of the present Article.
Article X
1. The present Agreement shall be ratified. The instruments of ratification shall be exchanged at Seoul as soon as possible. The present Agreement shall enter into force on the date of the exchange of the instruments of ratification.
2. The present Agreement shall remain in force for a period of five years and thereafter until one year from the day on which either Contracting Party shall give notice to the other of its intention to terminate the present Agreement.
In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement.
Done in duplicate at Tokyo, in the Japanese and Korean languages, both being equally authentic, this twenty-second day of June of the year one thousand nine hundred and sixty-five.
For Japan:
Etsusaburo Shiina
Shinichi Takasugi
For the Republic of Korea:
Tong Won Lee
Dong Jo Kim
Annex
The provisional regulation measures for fisheries provided for in Article 3 of the present Agreement shall apply to each of the two Contracting Parties and shall be as follows:
1. The maximum number of fishing vessels or fishing units in operation (that is, the maximum number of fishing vessels or units operating at a given time within the joint regulation zone, holding licences and bearing identification markings for fishing operation within the said zone):
(a) For drag-net fishing by fishing vessels of less than 50 tons, 115 vessels.
(b) For drag-net fishing by fishing vessels of not less than 50 tons
| (i) | 270 vessels during the period November 1 to April 30 of the following year, |
| (ii) | 100 vessels during the period May 1 to October 31. |
(c) For seine fishing
| (i) | 60 fishing units during the period January 16 to May 15, |
| (ii) | 120 fishing units during the period May 16 to January 15 of the following year. |
(d) For mackerel-angling fishing by fishing vessels of not less than 60 tons, 15 vessels; provided that the period for fishing operation shall be from June 1 to December 31, and that the fishing operation zone shall be the waters south of the straight line connecting the point where the border-line between Kyongsang-pukto and Kyongsang-namdo of the Republic of Korea intersects the coastal line and the intersection of 35° 30′ North Latitude and 130° East Longitude (however, on the western side of the Chejudo, south of 33° 30′ North Latitude).
(e) While there exists a difference in fish-catching capability between fishing vessels of Japan and of the Republic of Korea, the number of fishing vessels or units in operation of the Republic of Korea shall be adjusted through consultation between the Governments of the two Contracting Parties, with the maximum number of fishing vessels or units in operation provided for in the present Agreement as a standard and paying regard [due regard] to such difference.
2. Size of fishing vessels:
(a) For drag-net fishing
| (i) | not less than 30 tons and not more than 170 tons except for trawl fishing, |
| (ii) | not less than 100 tons and not more than 550 tons for trawl fishing. |
However, drag-net fishing by vessels of not less than 50 tons (except drag-net fishing for prawn in the Japan Sea by vessels of less than 60 tons, which has been permitted by the Republic of Korea) shall not be conducted in waters east of 128° East Longitude.
(b) For seine fishing, not less than 40 tons and not more than 100 tons for seine vessels.
However, the one seine fishing vessel of not less than 100 tons which exists in Japan on the date of the signing of the present Agreement shall be permitted as an exception for the time being.
(c) For mackerel-angling fishing by fishing vessels of not less than 60 tons, not more than 100 tons.
3. Mesh size (inner diameter when in sea water)
(a) For drag-net fishing by fishing vessels of less than 50 tons, not less than 33 millimeters.
(b) For drag-net fishing by fishing vessels of not less than 50 tons, not less than 54 millimeters.
(c) For the main net for horse mackerel or mackerel of seine fishing, not less than 30 millimeters at its main part.
4. Power of fish-luring lights (total installation capacity of generators):
(a) For seine fishing, two light-ships of not more than 10 kilowatts each and one light-ship of not more than 7.5 kilowatts, totalling not more than 27.5 kilowatts, per fishing unit.
(b) For mackerel-angling fishing by fishing vessels of not less than 60 tons, not more than 10 kilowatts.
5. Licences and identification markings:
(a) Fishing vessels operating in the joint regulation zone shall hold licences and shall bear identification markings, issued by the respective Governments. However, with respect to fishing vessels engaging in seine fishing, fishing vessels other than seine vessels are not required to hold licences, and seine vessels shall display principal markings while vessels other than seine vessels shall bear submarkings which correspond with principal markings.
(b) The total number of licences and of identification markings (with respect to fishing vessels engaging in drag-net fishing and mackerel-angling fishing, two markings borne by each fishing vessel shall be counted as one, and with respect to fishing vessels engaging in seine fishing, two principal markings borne by each seine vessel shall be counted as one) shall be, for each fishery subject to the provisional regulation measures for fisheries, the same as the maximum number of fishing vessels and units in operation for such fishery. However, in view of the realities of fisheries, the number of issuance may be increased over the maximum number of fishing vessels in operation by 15 percent with respect to drag-net fishing by fishing vessels of not less than 50 tons and by 20 percent with respect to drag-net fishing by fishing vessels of less than 50 tons.
(c) The form of identification markings and the place where they shall be borne shall be determined upon consultations between the Governments of the two Contracting Parties.I
Korean Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to refer to the Agreement on Fisheries between the Republic of Korea and Japan signed today and to state that the Government of the Republic of Korea intends to determine the following straight baselines in connection with the establishment of the fishery zone of the Republic of Korea:
(1) Closing line of the mouth of bay by a straight line connecting the tips of Changgigap and Talmangap;
(2) Closing line of the mouth of bay by a straight line connecting the tips of Haamchu [Hwaamchu] and Pomwolgap [Bomweolgab];
(3) Straight lines connecting in order the respective southern extremities of 1.5-Meter Am, Sengdo [Saengdo], Hongdo, Kanyoam [Ganyeoam], Sangbekdo [Sangbaegdo] and Komundo [Keomundo]; and
(4) Straight lines connecting in order the respective western extremities of Soryongdo [Soryeongdo], the Sogyongnyolpido [Seogyeogyeolbido], Ochondo [Eocheongdo], Jikdo, Sangwangdungdo [Sanghwangdeungdo] and Hoengdo [Hoengdo] (the Anma Islands).
I have the honour to state that, if Your Excellency would confirm, on behalf of the Government of Japan, that the Government of Japan has no objection with respect to the determination of the aforementioned straight baselines, the Government of the Republic of Korea will consider that the consultations with the Government of Japan on this matter have been completed.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Tong Wong Lee
Minister of Foreign Affairs
His Excellency Etsusaburo Shiina
Minister for Foreign Affairs of Japan
II
Japanese Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency’s Note of today’s date, which reads as follows:
[See note I]
I have the honour to state that the Government of Japan has no objection with respect to the determination by the Government of the Republic of Korea of the aforementioned straight baselines in connection with the establishment of the fishery zone of the Republic of Korea.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Etsusaburo Sjiina
Minister for Foreign Affairs of Japan
His Excellency Tong Won Lee
Minister of Foreign Affairs of the Republic of Korea
Exchange of notes concerning the fishery zone
of the Republic of Korea
I
Korean Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to refer to the Agreement on Fisheries between the Republic of Korea and Japan signed today and to confirm the following understandings reached between the representatives of the two Governments:
As a provisional measure, the waters enclosed by the lines delimiting the fishery zone to be established by the Republic of Korea and the following lines shall for the time being be treated as being included [be included] in the fishery zone of the Republic of Korea.
(1) Straight lines connecting in order the intersection of 33° 48′ 15″ North Latitude and 127° 21′ East Longitude, the intersection of 33° 47′ 30″ North Latitude and 127° 13′ East Longitude and the point 12 nautical miles due east of Udo; and
(2) Straight line connecting the intersection of 33° 56′ 25″ North Latitude and 125° 55′ 30″ East Longitude and the intersection of 33° 24′ 20″ North Latitude and 125° 56′ 20″ East Longitude.
Upon receipt of Your Excellency’s reply confirming, on behalf of the Government of Japan, the aforementioned understandings, the Government of the Republic of Korea will consider that this Note and Your Excellency’s reply shall constitute an agreement between the two Governments which shall enter into force on the date of the entry into force of the aforementioned Agreement.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Tong Won Lee
Minister of Foreign Affairs
His Excellency Etsusaburo Shiina
Minister for Foreign Affairs of Japan
II
Japanese Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency’s Note of today’s date, which reads as follows:
[See note I]
I have the honour to confirm that the aforementioned understandings are also the understandings of the Government of Japan and that the Government of Japan will consider that Your Excellency’s Note and this reply shall constitute an agreement between the two Governments which shall enter into force on the date of the entry into force of the aforementioned Agreement.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Etsusaburo Shiina
Minister for Foreign Affairs of Japan
His Excellency Tong Won Lee
Minister of Foreign Affairs of the Republic of Korea
Agreed minutes to the Agreement on Fisheries between Japan and 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 today:
1. Re licences and identification markings:
(a) The two Governments will [shall] give administrative guidance so that licences and identification markings will not be transfered 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.
2. Re standard amount of the total annual fish catch:
(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[3] 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[4] 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.
4. Re Japan-Republic of Korea Joint Fisheries Commission:
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.
5. Re arbitration board:
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.
7. Re coastal fishing:
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.
8. Re mutual respect for domestic fishing ban areas, etc.:
(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 Longtitude, 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.
9. Re innocent passage:
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.
10. Re rescue at sea and emergency refuge:
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.
Tokyo, June 22, 1965
E. S.
T. W. L.
Exchange of notes concerning identification markings
I
Japanese Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to confirm that the following understandings have been reached between the representatives of the Governments of Japan and the Republic of Korea on the form of identification markings and the place where they shall be borne, which are provided for in the Annex to the Agreement on Fisheries between Japan and the Republic of Korea.
1. Identification markings shall bear an abbreviation to indicate the nationality of the fishing vessel and a number to enable the identification of the type of fishing and the home port. The form of identification markings shall be as set forth in the sheet attached hereto.
2. Identification markings shall be so painted that the said abbreviation and number can be identified [even] at night.
3. All identification markings shall have the seal issued by the respective Governments.
4. Identification markings shall be borne at readily recognizable places on the upper part of both sides of the bridge of the fishing vessel.
Upon receipt of Your Excellency’s reply confirming, on behalf of the Government of the Republic of Korea, the aforementioned understandings, the Government of Japan will consider that this Note and Your Excellency’s reply shall constitute an agreement between the two Governments which shall enter into force on the date of the entry into force of the aforementioned Agreement.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Etsusaburo Shiina
Minister for Foreign Affairs of Japan
His Excellency Tong Won Lee
Minister of Foreign Affairs of the Republic of Korea
(a) Form for the Japanese side
(Principal marking)
(Sub-marking)
Note: The obliquely lined parts shall be yellowish orange and the other parts shall be black.
(a) Form for the Korean side
(Principal marking)
(Sub-marking)
Note: The obliquely lined parts shall be yellowish orange and the other parts shall be black.
II
Korean Note
Tokyo, June 25, 1965
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency’s Note of today’s date, which reads as follows:
[See note I]
I have the honour to confirm that the aforementioned understandings are also the understandings of the Government of the Republic of Korea and that the Government of the Republic of Korea will consider that Your Excellency’s Note and this reply shall constitute an agreement between the two Governments which shall enter into force on the date of the entry into force of the aforementioned Agreement.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Tong Won Lee
Minister of Foreign Affairs
His Excellency Etsusaburo Shiina
Minister for Foreign Affairs of Japan
Exchange of notes concerning co-operation on fisheries
I
Korean Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to refer to the Agreement on Fisheries between the Republic of Korea and Japan signed today and to confirm the following understandings reached between the representatives of the two Governments:
With a view to developing and improving the fisheries of the two countries, the two Governments shall co-operate with each other as closely as possible in the technical and economic fields.
This co-operation includes the following:
(1) Exchange of information and technics concerning fisheries.
(2) Exchange of fishery experts and technicians.
Upon receipt of Your Excellency’s reply confirming, on behalf of the Government of Japan, the aforementioned understandings, the Government of the Republic of Korea will consider that this Note and Your Excellency’s reply shall constitute an agreement between the two Governments which shall enter into force on the date of the entry into force of the aforementioned Agreement.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Tong Won Lee
Minister of Foreign Affairs
His Excellency Etsusaburo Shiina
Minister for Foreign Affairs of Japan
II
Japanese Note
Tokyo, June 22, 1965
Monsieur le Ministre,
I have the honour to acknowledge the receipt of Your Excellency’s Note of today’s date, which reads as follows:
[See note I]
I have the honour to confirm that the aforementioned understandings are also the understandings of the Government of Japan and that the Government of Japan will consider that Your Excellency’s Note and this reply shall constitute an agreement between the two Governments which shall enter into force on the date of the entry into force of the aforementioned Agreement.
I avail myself of this opportunity to renew to Your Excellency, Monsieur le Ministre, the assurances of my highest consideration.
Etsusaburo Shiina
Minister for Foreign Affairs of Japan
His Excellency Tong Won Lee
Minister of Foreign Affairs of the Republic of Korea
I
Tokyo, June 22, 1965
Sir:
On the occasion of the signing today of the Agreement on Fisheries between Japan and the Republic of Korea, I take pleasure in stating that the fisheries authorities of Japan intend to guide Japanese private organizations concerned so that an arrangement containing the items set forth in the sheet attached hereto may be made between the private organizations concerned of the two countries as soon as possible in order to ensure the safety of operation and maintain proper order in operation between the fishing vessels of Japan and the Republic of Korea and to serve the purpose of seeking smooth and speedy settlements of accidents at sea between the fishing vessels of the two countries.
Sincerely yours,
Torao Ushiroku
Director, Asian Affairs Bureau
Ministry of Foreign Affairs of Japan
Mr. Yeon Ha Koo
Director, Asian Affairs Bureau
Ministry of Foreign Affairs of the Republic of Korea
Attached sheet
Items concerning the safety of operation and maintenance of order
1. Signs and signals
(1) Sign indicating that a fishing vessel is engaging in fishing operation
(2) Sign indicating an accident which occurred during fishing operation of a fishing vessel
(3) Sign indicating anchoring and mooring of a fishing vessel at night
(4) Recognition signal of a fishing vessel at night and whistling signal indicating its course 2. Matters to be observed during operation
(1) Principle of respecting operation of a fishing vessel ahead engaging in fishing operation
(2) Principle of respecting the area of gear set during fishing operation
(3) Principle concerning the case of parallel operation of fishing units
(4) Principle concerning operation in congested fishing grounds (including the distance between light-ships engaging in seine fishing operation)
3. Matters concerning clearing out of the course
(1) Principle of priority of a fishing vessel engaging in fishing operation
(2) Principle concerning mutual clearing out of the course of a fishing vessel engaging in fishing operation
(3) Principle of priority of a fishing vessel which met an accident (such as the losing of gear and severing of rope) during fishing operation
4. Matters to be attended to in anchoring and mooring
5. Matters concerning rescue at sea
6. Matters concerning compensation for damage to a fishing vessel and gearII
Tokyo, June 22, 1965
Sir,
On the occasion of the signing today of the Agreement Concerning Fisheries between the Republic of Korea and Japan, I take pleasure in stating that the fisheries authorities of the Republic of Korea intend to guide Korean private organisations concerned so that an arrangement containing the items set forth in the sheet attached hereto may be made between the private organizations concerned of the two countries as soon as possible in order to ensure the safety of operation and maintain proper order in operation between the fishing vessels of Japan and the Republic of Korea and to serve the purpose of seeking smooth and speedy settlements of accidents at sea between the fishing vessels of the two countries.
Yeon Ha Koo
Director, Asian Affairs Bureau
Ministry of Foreign Affairs of the Republic of Korea
Mr. Torao Ushiroku
Director, Asian Affairs Bureau
Ministry of Foreign Affairs of Japan
Attached sheet
Items concerning the safety of operation and maintenance of order
[For the text of this annex, see p. 166 of this volume.]
Record of discussions
In the course of negotiations for conclusion of the Agreement on Fisheries between Japan and the Republic of Korea, the following statements were made respectively by the Japanese and Korean sides:
Japanese Representative:
(a) Administrative guidance in “give administrative guidance… so as to restrict the number of fishing vessels or fishing units in operation” referred to in paragraph 2(a) of the Agreed Minutes to the Agreement includes guidance for the adjustment of the number of licences and identification markings.
(b) The observation [inspection] of the state of policing within its country referred to in paragraph 3(c) of the Agreed Minutes to the Agreement includes receiving an explanation about the state of issuance of licences and identification markings.
(c) Most of the Japanese fishing vessels engaging in coastal fishing which is not subject to the provisional regulation measures for fisheries and operating in the joint regulation zone are of small scale management and their areas of operation are, because of the actual operational capability of such fishing vessels, mainly from north of Tsushima to northwest of Chejudo in the joint regulation zone, and, in view of the state of that fishing, it is considered that there will be no major change in this situation.
Korean Representative:
(a) Administrative guidance in “give administrative guidance… so as to restrict the number of fishing vessels or fishing units in operation” referred to in paragraph 2(a) of the Agreed Minutes to the Agreement includes guidance for the adjustment of the number of issuance of licences and identification markings.
(b) The observation of the state of policing within its country referred to in paragraph 3(c) of the Agreed Minutes to the Agreement includes receiving an explanation about the state of issuance of licences and identification markings.
T. H.
K. S. L.
- ↑ Translation by the Government of Japan. The Secretariat also received an English translation of this agreement from the Government of the Republic of Korea which on certain points differs from that provided by the Government of Japan. At the request of the Government of the Republic of Korea, these differences have been shown by printing in italics the pertinent word or 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.
- ↑ Came into force on 18 December 1965, the date of the exchange of the instruments of ratification at Seoul, in accordance with article X.
- ↑ Does not appear in the English translation provided by the Government of the Republic of Korea.
- ↑ See footnote 1, p. 152 of this volume.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties." These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
Public domainPublic domainfalsefalse |
|---|---|
| Translation: |
This work is excerpted from an official document of the United Nations. The policy of this organisation is to keep most of its documents in the public domain in order to disseminate "as widely as possible the ideas (contained) in the United Nations Publications". Pursuant to UN Administrative Instruction ST/AI/189/Add.9/Rev.2 available in English only, these documents are in the public domain worldwide:
Public domainPublic domainfalsefalse |
