PROPOSED AGREEMENT FOR FISHERIES BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF JAPAN(By the Korean side)
The Goverment of the Republic of Korea and the Government of Japan.
Being cognisant that it is of the common welfare of mankind, as well as of the interests of the two contracting parties, to ensure and develop the maximum sustained productivity of the fishery resources in the high seas, and also knowing that it is their right and duty based on the international law and custom to do so, and moreover, considering the desirability for elimination of causes of the disputes which might arise between the contracting parties as a result of their geographical proximity and intermingling of their fishing operation, and thus mutually respecting such jurisdiction as of coastal states over fisheries within the designated waters contiguous to the territorial waters of the two contracting parties, and
Recognising equally the necessity for establishing the Korea-Japan Joint Fisheries Commission to be authorised, through scientific researches and studies and through cordinations, to make decisions, resolutions and recommendations to each party concerning such joint measures as necessary to be taken in order to ensure and develop the maximum sustained productivity of the fisheries resources, whereabout the two contracting parties are jointly concerned, and
Having, for these purposes, decided to conclude an agreement,
Hereby, through their respective duly empowered plenipotentialies, agree as follows;
Article I
1, The contracting parties mutually confirm that each contracting party shall progibit its national or fishing vessels from engaging in fishing activities in territorial waters of the other party and in waters under its jurisdiction over fisheries (hereinafter refered to as "the controlled waters"). However, the case that nationals or vessels of each party are given permission by the Government of the other party and observe the latter's controlling laws and regulations, shall be excepted from the above rule.
2. The mutually confirmed controlled-waters as stated in the paragraph 1 of the present article shall be the waters specified in the Annex No.1 of the present agreement.
Article II
The contracting parties agree to take such joint measure on an equal footing as may be necessary for ensuring the maximum sustained productivity of the fisheries resources, about which the two contracting parties are jointly concerned, in the China East Sea (The Ease China Sea), Yellow Sea, East Sea) Sea of Japan without the controlled waters and the waters contiguous to these seas(hereinafter refered to as "the agreement waters").
Article III
For the purpose of this agreement, A the term "fishing vessel" shall mean any vessel engaged in harvesting aquatic animals or plants loaded on the high seas, or any vessel outfitted for such activities, and B the term "trawl fishing", any fishing operation performed by a vessel equipped with screw propeller using an otter trawl or a beam trawl and C the term "small trawl fishing", any fishing operation other than trawl fishing performed by a vessels equipped with screw propellers using a bottom dragnet.
Article IV
1. Regarding the fishery resources in the agreement waters, when an area of waters or period, in respect to important stock of fish, has through scientific researches been proved to be the main area of waters or period fro spawning of such stooks and growing-up of young fish and when special stocks of fish have through the same method been proved to be required for abstention from the catching thereof in a designated area of waters, the contracting parties agree to prohibit the nationals or fishing vessels from engaging in such trawl fishing, small trawl fishing and fishing activities which may be designated in addition by the Korea-Japan Joint Fisheries Commission to be established under the provision of the article V of the present agreement, as to be made in such area of water and during such period, concerning such important stocks of fish, and as to be made in the designated waters, concerning such special stocks of fish.
2. The Contracting Parties agree, when making the decisions on the main area and period in respect to the said important stocks fish and on the said special stocks of fish and the designated waters in respect thereto, to be in accordance with the investigation and recommendation made by the said Commission.
3. The Contracting Parties, considering the fact that they, as coastal state, have been taking the measures on conservation of the fishery resources, agree to decide, in accordance with the decision and recommendation by the aforementioned Commission, upon the appropriate fishing methods and the joint measures necessary for checking in connection with the exploitation of such resources in the agreement area.
4. The provision of Paragraph 1 of the present Article shall not be applicable to any fishing operation conducted by the said Commission.
Article V
1. The Contracting Parties shall, for the purposes of the present Agreement, establish and maintain a commission to be named as the Korea-Japan Fisheries Commission (hereinafter referred to as "the Commission").
2. The Commission shall be composed of two national sections, each consisting of not more than four members appointed by the respective Contracting Parties.
3. All resolutions decisions and recommendations of the Commission shall be made only by agreement of the two national sections.
4. The Commission may decide upon and amend, in case of necessity, rules and regulations 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 national section, 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 selelct a chairman and a secretary from different national sections. The chairman and Secretary shall hold office for a period of one year. During succeeding years, the selection of a chairman and a secretary from the national sections shall be made in such manner as will provide each Contracting Party in turn with representation in those offices.
7. The Commission shall decide on a convenient place for establishing the headquaters of the Commission.
8. The Contracting Parties may respectively establish an advisory Committee for their own national section, to be composed of persons who shall be well-informed concerning the fishery resources of common convem. Each such advisory committee shall be invited to attend all sessions of the Commission except those which the Commission decides to be in camera.
9. The Commission may hold public hearings. Each national section may also hold public hearings within its own country.
10. The official languages of the Commission shall be Korean Japanese and if necessary, the translation and interpretation shall be made into other languages. Proposals and date may be submitted to the Commission in either official language.
11. Each Contracting Party shall determine and pay the expenses ubcyrred by its national section. Joint expenses incurred by the Commission 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.
12. An annual budget of joint expenses shall be recommended by the Commission and submitted to the Contracting Parties for approval.
13. The Commission shall be authorized to disburse the funds for acquire facilities necessary for the performance of its functions.
Article VI
1. The Commission shall perform the following functions:
A. To collect and appraise such information as may be deemed necessary, relating to the abundance, life history and cecology with respect to the fishery resources where about the Contracting Parties are jointly concerned, and if necessary, make, for getting the scientific proof, independent investigation, relating thereto.
B. (1) To make recommendations to each Contracting Party, adjusting and deciding upon, on the basis of the scientific investigations to e made for keeping the maximum sustained production of fishery resources, such main area and period in respect to the important stocks of fish or such special stocks of fish and designated waters in respect thereto as set forth in the Paragraph 1 of Article IV of the present Agreement;
(2) Regarding the aforementioned special stocks of fish, when it has come to be manifest through the scientific evidence that such restriction of fishing methods alone as will be prescribed in the Sub-paragraphc of this Article will not be, from every angle, capable of bringing forth the substantial increase in the anually continuing productivity, and in the case that the Commission is under the scientific investigation for the purpose of finding out the conditions necessary for the maintenance of the maximum production, to take special studies and measures as to the fishing tools, methods, etd. for such stocks of fish and to recommends to each Contracting Party the abstention from catching each stocks of fish, delineating the area of water;
C. For the purpose of the through execution of the provision of the paragraph 3 of Article IV of the present Agreement, to decide upon the total fishing amount in the fishery resources wherein the two Contracting Parties have the common concern and to decide upon and recommend such fishing methods will lay restrictions necessary therefore on the kinds of fishing activities and the tonnage and number of fishing vessels, (inclusive of the restriction of height of fish and the adjustment of fishing tools and their structure and equipment);
D. To decide upon and recommend to each Contracting Party the marks, the lying signals, and other necessary measures for the checking, of the fishing vessels engaging in fishing activities in the Agreement area;
E. To consider and recommend to each Contracting Party the detailed items of equal penalties against the violation of provisions of the present Agreement;
F. To compile and study the records to be furnished with by the Contracting Parties under the provision of the Aticle IX, 3 of this Agreement;
G. To submit annually to the Contracting Parties a report, with appropriate recommendations, on the Commission's operations, investigations and decisions and to inform the Contracting Parties of any matter connected with the purposes of the present Agreement whenever it seems advisable to do so.
2. In the performance of its fuctions, the Commission shall, insofar as feasible, utilize the technical and scientific services or information of the official agencies of the Contracting Parties and may, when desirable and possible. utilize the services and information of any public or private institution or organization.
Article VII
1. In the event that it shall come to the attention of a Contracting Party that the nationals or fishing vessels of any country which is not a Party to this Agreement appear by their action to affect adversely the performances of the Commission's function and the attaining of the objectives of this Agreement, such Party shall inform the other Contracting Party of the matter. The two contracting Parties agree to confer in such cases about the steps to be taken.
2. The Contracting Parties agree to make checkings and controls in order that the nationals or fishing vessels of the Parties may not affect adversely the attaining of the objectives of this Agreement, being either formally or substantially in connection of Partnership or investment with the nationals or fishing vessels of any country which is not a Party to this Agreement.
3. The Contracting Parties agree to have the nationals or fishing vessels of the Contracting Parties when; violate the previsions of the Paragraph 2 of this Article be subject to all the controlling rules of this Agreement.
Article VIII
1. The Contracting Parties agree that the nationals or fishing vessels of one Party shall be prohibited, in the other Party's controlled-waters specified in the Annex No.1 of the present Agreement, in order to put into practice the provision of the Article I of the present Agreement, and the nationals or fishing vessels of each Party shall be prohibited, in case of such important stocks of fish, in such areas and furing such period with respect to the important stocks of fish or in such designated waters with respect to the special stocks of fish as decided by the Commission, in order to put into practice the provision of the Paragraph I of Article IV of the present Agreement, respectively from engaging is fishing activities and from loading, possessing, processing, or transporting the catches of fish in such waters, However, the case that the catches of fish being loaded, possessed, processed or transported are proved not to be such catches of fish as in such area and furing such period with respect to such important stocks of fish or as in such designated waters in respect to such special stocks of fish, shall be excepted from the above rule.
2. The Contracting Parties agree, for the purpose of rendering effective these provisions of the Agreement, to enact and enforce necessary laws and regulations with regard to their nationals and fishing vessels, with appropriate penalties against violations thereof and to transmit to the Commission a report on any action taken by them in respect thereto.
3. The Contracting Parties shall inform the Commission of the contents of the issuance of fishing licenses to their own nationals in accordance with the provisions of the present Agreement.
Article IX
1. To cooperate with each other in taking adquate and proper and effective measures in order to carry out faithfully the provisions of the present Agreement, the Contracting Parties agree as follows:
A(1) When fishing vessels of one Contracting Party have been found infringing the controlled-waters prescribed in the Article I of the present Agreement, only the duly authorized officials of the Contracting Party which controls such waters may board such vessels to inspect their equipment, books, documents and other articles and may question the persons on board and when fishing vessels of a Contracting Party have been found violating all the restriction measures taken in accordance with the provisions of the Article IV, 1 and 3 of the present Agreement, the duly authorized officials of any Contracting Party may do the same.
(2) Such officials shall present credentials issued by their respective Governments if requested by the master of the vessels.
B(1) When such fishing vessels and persons have been found infringing the controlled-waters prescribed in the Article I of the present Agreement, only the officials of such Contracting Party as controls the waters may arrest or seize persona or vessels.
(2) With regard to the arrested persons or seized vessels mentioned above, the Contracting Party which controls such waters may try the offense and impose penalties therefore in accordance with the penalty provisions of its national law.
C(1) When any such person or fishing vessels has actually conducted in violation of the provisions of the Article IV,1 and 3 of the present Agreement of when there is reasonable ground for such violations to be obviously recognized immediately prior to boarding of such vessels by any official of the Contracting Parties, the official may arrest such persons of seize such vessels. In that case, the Contracting Party, to which the official belongs, shall notify the Contracting Party to which such persons or vessels belong of such arrest or seizure, and shall deliver such vessels of persons as promptly as practicable to the duly authorized officials of the Contracting Party to which such vessels or persons belong at a place to be agreed upon by other Parties.
(2) When the Contracting Party which receives such notification cannot immediately accept delivery and make request, the Contracting Party which gives such notification may keep such persons or vessels under surveillance within its own territory, under the conditions agreed upon by both Contracting Parties.
(3) Only the authorities of the Contracting Party to which the above-meationed persons or vessels belong may try the offense and impose penalties therefore.
(4) The witnesses and evidence necessary for establishing the offense, so far as they are under the control of one of the Parties to this Agreement, shall be furnished as promptly as possible to the Contracting Party which has jurisdiction to try the offense.
2. The Contracting Parties agree to meet, during the sixth year of the operation of this Agreement, to review the effectiveness of the enforcement provisions of this Article and, if desirable, to consider means by which they may more effectively be carried, out.
3. The Contracting Parties agree to keep all records requested by the Commission and to furnish compilations of such reports and other information upon request of the Commission.
Article X
The Contracting Parties shall act on the Annex No.2 of the present Agreement, relating to such main area and period in respect to the important stocks of fish or such special stocks of fish and designated waters in respect thereto as prescribed in the paragraph 1, b of this agreement, relating to the fishing methods prescribed in the paragraph 1, c of Article VI of this agreement and to the marks of fishing vessels, the lying signals, and other necessary enforcement measures, prescribed in the paragraph 1, d of the same Article, until the matters mentioned above are recommended by the Commission and approved by the Contracting Parties.
Article XI
1. The Annexes No.1,2 and 3 attached hereto, including the part of Annexes No.2 and 3 amended in accordance with the provision of the present agreement, shall form integral parts of the present agreement.
These amended annexes mentioned above shall be effective on the date upon which the Commission receives notification from all the contracting parties of their acceptance of a recommendation made by the Commission.
2. In the case of such provisions of this agreement as shall be effective by the agreement of the contracting parties, such provisions shall be effective on the date upon which the Commission receives notifications from all the contracting parties, of the agreement of the parties thereon or of their acceptance of the recommendation made by the Commission.
Article XII
The contracting parties agree that a third country may join the parties in the case that she, supporting the effects of the present agreement, expresses the will for so doing.
Article XIII
1. The present agreement shall be ratified by the contracting parties in accordance with their respective constitutional procedure and the instrument of ratification shall be exchanged as soon as possible at Tokyo.
2. The present agreement shall enter into force on the date of the exchange of ratification. It shall remain in force for a period of ten years and thereafter until one year from the day on which a contracting party shall give notice to the other contracting party of an intention of terminating the agreement.
IN WITNESS WHEREOF the respective plenipotentiaries, duly authorized, have signed the present agreement.
DONE in duplicate, in the Korean, Japanese and English languages, each seually authentic, at Tokyo, This_day of_, one thousand nine hundred fifty_.

REPUBLIC OF KOREA

Annex No.1
Annex No.2
Annex No.3