Annex No. 3

(TENTATIVE TRANSLATION)
Confidential
PROPOSED AGREEMENT FOR FISHERIES BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE REPUBLIC OF KOREA

 

The Government of Japan and the Government of the Republic of Korea,
Acting in the light of their rights under the principles of international law and custom to exhibit the fishery resources of the high seas, and
Believing that it will best serve the common interest of mankind, as well as the interests of the Contracting Parties, to ensure the maximum sustained productivity of the fishery resources wherein the two Contracting Parties have common interest, and that the two contracting Parties should assume the obligation, on a free and equal footing, to encourage the conservation of such resources, and
Recognizing that it is most essential to eliminate causes of disputes concerning fishing which might arise between the two Contracting Parties as a result of their geographical proximity and intermingling of their fishing operations, and
Having, for these purposes, decided to conclude an agreement,
Therefore, through their respective duly empowered Plenipotentiaries, have agreed as follows:

 

ARTICLE I

1. For the purpose of this Agreement, the term “fishing vessel” shall mean any vessel engaged in harvesting aquatic animals or plants or processing or transporting aquatic animals or plants loaded on the high seas, or any vessel outfitted for such activities.
2. For the purpose of this Agreement, the term “trawl fishing” shall mean any fishing operation performed by a vessel equipped with screw propeller using a otter trawl or a beam trawl.
3. For the purpose of this Agreement, the term “small trawl fishing” shall mean any fishing operation other than trawl fishing performed by a vessel or vessels equipped with screw propeller using a bottom drag net.

 

ARTICLE II

The Contracting Parties mutually confirm that no national or fishing vessel of a Contracting Party shall be subject, in respect to fishing activities, to any restriction or regulation imposed by the other Contracting Party, except when such a national or fishing vessel is in the waters within three nautical miles from the coast of such other Contracting Party.

 

ARTICLE III

The contracting Parties agree to take such joint measures on an equal footing as may be necessary for ensuring the maximum sustained productivity of the fishery resources wherein the two Contracting Parties have common interest.

 

ARTICLE IV

1. The Contracting Parties agree, in respect to such species of fish among the bottom fish resources of the Eastern and Yellow Seas as are important for the fishing industry of the two Contracting Parties, to prohibit their respective nationals and fishing vessels from engaging in trawl fishing and small trawl fishing, in such waters as may through scientific research be proved to be the spawning area of such species, and during such period as may through scientific research be proved to be the spawning period of such species, provided that this provision shall not be applicable to any fishing operation conducted by the Japan-Korean Joint Fisheries Commission to be established under Article VI, or conducted by the authorities of a Contracting Party for the purpose of research, provided notification of such operation is given in advance to the other Contracting Party.
2. The waters and the period referred to in Section 1 of this Article shall be those defined in the attached Schedule.
3. The Contracting Parties agree to meet, during the fourth year of the operation of this Agreement, to review the effectiveness of the measures, provided for in Section 1 of this Article, and, if desirable, to consider means by which these measures may more effectively be carried out.

 

ARTICLE V

For the purpose of rendering effective the provisions of Article 4, Section 1, the Contracting Parties shall enact and enforce necessary laws and regulations, with regard to their respective nationals and fishing vessels, with appropriate penalties against violations thereof, and inform each other Contracting Party of any action taken by it with regard thereto.

 

ARTICLE VI

1. The Contracting Parties shall, in order to make scientific research and studies for the conservation and the more effective utilization of the fishery resources wherein the two Contracting Parties have common interest, establish and maintain a commission to be known as the Japan-Korean Joint Fisheries Commission hereinafter referred to as “the Commission.”
2. The Commission shall be composed of two national section, each consisting of not more than three members appointed by the respective Contracting Parties.
3. All resolutions and other decisions of the Commission shall be made only by agreement of the two national sections.
4. The Commission may decide upon and amend, as occasion may require by-laws and rules for the conduct of its meeting.
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 select 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 the establishment of the Commission’s headquarters.
8. The Contracting Parties shall determine and pay the expenses incurred, by their respective national sections. Joint expenses incurred by the Commission shall be paid by the Commission through contributions borne in equal shares by the Contracting Parties.
9. Annual budgets of joint expenses shall be recommended by the Commission and submitted to the Contracting Parties for approval.
10. The Commission shall be authorized to disburse the funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its functions.

 

ARTICLE VII

1. The Commission may.
(a) With regard to the fishery resources wherein the two Contracting Parties have common interest, collect and appraise such information as it finds necessary, and make, if necessary, independent investigations, of the abundance, life history and ecology of any species of aquatic life;
(b) With regard to the methods for the conservation of the fishery resources wherein the two Contracting Parties have common interest, collect and appraise such information as it finds necessary, and make, if necessary, independent investigations;
(c) Submit annually to the Contracting Parties a report on the Commission’s operations, investigations and findings, with such opinions as it finds necessary, and inform the Contracting Parties from time to time on any matter it deems advisable;
(d) Make, upon request of either Contracting Party, investigations to determine the extent to which the measures provided for in Article 4, Section 1, have been effective.
2. In the performance of its functions, the Commission shall, insofar as feasible, utilize the technical and scientific services and 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 or any private individual.

 

ARTICLE VIII

The contracting Parties agree to keep so far as practicable all records requested by the Commission and to furnish compilations of such records and other information upon request of the Commission. No Contracting Party shall be required hereunder to provide the records of individual operations.

 

ARTICLE IX

Any fishing vessel of a Contracting Party may take refuge in any place on the coast of the other Contracting Party in case of rough weather, break-down of engine or any such emergency as may justify such action, whereupon such other Contracting Party shall accord and furnish friendly treatment, assistance and other necessary facilities to such fishing vessel.

 

ARTICLE X

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 carrying out 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 a case on the steps to be taken.

 

ARTICLE XI

1. This Agreement shall be ratified by the Contracting Parties in accordance with their respective constitutional processes. The instruments of ratification shall be exchanged at Tokyo as soon as possible but not earlier than the date of the first coming into force of the Treaty of Peace with Japan signed at the City of San Francisco on the eighth day of September, 1951.
2. This Agreement shall come into force on the date of the exchange of ratifications. It shall continue 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 Contracting Party of the intention of terminating this Agreement.
IN WITNESS WHEREOF, the respective duly empowered Plenipotentiaries have signed the present Agreement.
DONE in duplicate, in the Japanese, Korean, and English languages, each equally authentic, at Tokyo, this _______ day of _______, 195 __.
JAPAN:
REPUBLIC OF KOREA:
SCHEDULE