Statutory Rules 1983 No. 101
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Fisheries Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Fisheries Act 1952.
Dated 4 February 1983.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry
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Schedule 3
Schedule 3 to the Fisheries Regulations is repealed and the following Schedule substituted: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:
SCHEDULE 3—continued
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° South, to the south by the parallel of Latitude 22°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 1 of this Subsidiary Agreement, permit those vessels to take within the Zone all species of tuna and bill-fish, together with ail 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.
SCHEDULE 3—continued
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°39’26” South, Longitude 144°28’ East;
(2) thence south along the meridian of Longitude 144°28’ East to its intersection by the parallel of Latitude 9°54’ South;
(3) thence south-westerly along the rhumb line to the point of Latitude 10°15’ South, Longitude 144°12’ East;
(4) thence south-westerly along the rhumb line to the point of Latitude 10°28’ South, Longitude 144°10’ East;
(5) thence west along the parallel of Latitude 10°28’ South to its intersection by the meridian of Longitude 144° East;
(6) thence south along that meridian to its interesection by the parallel of Latitude 10°41’ South;
(7) thence east along that parallel to its intersection by the meridian of Longitude 145° East;
(8) thence south along that meridian to its intersection by the parallel of Latitude 13° South;
(9) thence south-easterly along the rhumb line to the point of Latitude 15° South, Longitude 146° East;
(.10) thence southerly along the rhumb line to the point of Latitude 17°30’ South, Longitude 147° East;
(11) thence south-easterly along the rhumb line to the point of Latitude 21° South, Longitude 152°55’ East;
(12) thence southerly along the rhumb line to the point of Latitude 24°30’ South, Longitude 154’ East;
SCHEDULE 3—continued
(13) thence west along the parallel of Latitude 24°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°40’ South;
(15) thence east along that parallel to its intersection by the meridian of Longitude 154° East;
(16) thence south along that meridian to its intersection by the parallel of Latitude 29°10’ South;
(17) thence southerly along the rhumb line to the point of Latitude 30° South, Longitude 153°45’ East;
(18) thence south-westerly along the rhumb line to the point of Latitude 30°20’ South, Longitude 153°35’ East;
(19) thence southerly along the rhumb line to the point of Latitude 30°55’ South, Longitude 153°22’ East;
(20) thence west along the parallel of Latitude 30°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°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° South;
(24) thence east along that parallel to its intersection by the meridian of Longitude 152° East;
(25) thence south along that meridian to its intersection by the parallel of Latitude 37° South;
(26) thence southerly along the rhumb line to the point of Latitude 39° South, Longitude 151° East;
(27) thence south along the meridian of Longitude 151° East to its intersection by the parallel of Latitude 40° South;
(28) thence west along that parallel to its intersection by the meridian of Longitude 140° 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° East;
(31) thence north along that meridian to its intersection by the parallel of Latitude 35° South;
(32) thence west along that parallel to the point 50 nautical miles easterly of Albany (Latitude 35°01’30” South, Longitude 117°53’ East);
(33) thence along the arc of the circle with centre Albany (Latitude 35°01’30” South, Longitude 117°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° East;
(35) thence easterly along the rhumb line to the point of Latitude 13°21’ South, Longitude 129°40’ East;
(36) thence north along the meridian of Longitude 129°40’ East to its intersection by the parallel of Latitude 10°30’ South;
(37) thence east along that parallel to its intersection by the meridian of Longitude 133°16’ East;
(38) thence south along that meridian to its intersection by the parallel of Latitude 11° South;
(39) thence south-easterly along the rhumb line to the point of Latitude 11°25’ South, Longitude 134°15’ East;
(40) thence east along the parallel of Latitude 11°25’ South to its intersection by the meridian of Longitude 135°35’ East;
(41) thence north-easterly along the rhumb line to the point of Latitude 11°05’ South, Longitude 136°10’ East;
(42) thence north-easterly along the rhumb line to the point of Latitude 10°30’ South, Longitude 136°40’ East;
(43) thence south-easterly along the rhumb line to the point of Latitude 11° South, Longitude 137°05’ East;
(44) thence south along the meridian of Longitude 137°05’ East to its intersection by the parallel of Latitude 11°47’ South:
SCHEDULE 3—continued
(45) thence easterly along the rhumb line to the point of Latitude 11°10’ South, Longitude 141° East;
(46) thence north along the meridian of Longitude 141° East to its intersection by the parallel of Latitude 10°22’44” South;
(47) thence north-easterly along the rhumb line to the point of Latitude 9°46’ South, Longitude 142° East;
(48) thence easterly along the rhumb line to the point of Latitude 9°45’24” South, Longitude 142°03’30” East;
(49) thence north along the meridian of Longitude 142°03’30” East to its intersection by the parallel of Latitude 9°15’43” South;
(50) thence north-easterly along the rhumb line to the point of Latitude 9°12’50” South, Longitude 142°06’25” East;
(51) thence north-easterly along the rhumb line to the point of Latitude 9°11’51” South, Longitude 142°08’33” East;
(52) thence easterly along the rhumb line to the point of Latitude 9°11°58” South, Longitude 142°10’18” East;
(53) thence easterly along the rhumb line to the point of Latitude 9°11’22” South, Longitude 142°12’54” East;
(54) thence easterly along the rhumb line to the point of Latitude 9°11’34” South, Longitude 142°14’08” East;
(55) thence south-easterly along the rhumb line to the point of Latitude 9°13’53” South, Longitude 142°16’26” East;
(56) thence south-easterly along the rhumb line to the point of Latitude 9°16’04” South, Longitude 142°20’41” East;
(57) thence south-easterly along the rhumb line to the point of Latitude 9°22’04” South, Longitude 142°29’41” East;
(58) thence easterly along the rhumb line to the point of Latitude 9°21’48” South, Longitude 142°31’29” East;
(59) thence south-easterly along the rhumb line to the point of Latitude 9°22’33” South, Longitude 142°33’28” East;
(60) thence north-easterly along the rhumb line to the point of Latitude 9°21’25” South, Longitude 142°35’29” East;
(61) thence easterly along the rhumb line to the point of Latitude 9°20’21” South, Longitude 142041’43” East;
(62) thence easterly along the rhumb line to the point of Latitude 9°20’16” South, Longitude 142°43’53” East;
(63) thence easterly along the rhumb line to the point of Latitude 9°19’26” South, Longitude 142°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°23’40” South, Longitude 142°51’ East;
(65) thence south along the meridian of Longitude 142°51’ East to its intersection by the parallel of Latitude 9°40’30” South;
(66) thence easterly along the rhumb line to the point of Latitude 9°40’ South, Longitude 143° East;
(67) thence north-easterly along the rhumb line to the point of Latitude 9°33’ South, Longitude 143°05’ East;
(68) thence east along the parallel of Latitude 9°33’ South to its intersection by the meridian of Longitude 143°20’ East;
(69) thence north-easterly along the rhumb line to the point of Latitude 9°24’ South, Longitude 143°30’ East;
(70) thence easterly along the rhumb line to the point of Latitude 9°22’ South, Longitude 143°48’ East;
(71) thence easterly along the rhumb line to the point of Latitude 9°30’ South, Longitude 144°15’ East; and
(72) thence south-easterly along the rhumb line to the point of commencement.
SCHEDULE 3—continued
C. At all times, the area bounded by the line:
(1) commencing at the point of Latitude 12° South, Longitude 145° East;
(2) thence south along the meridian of Longitude 145° East to its intersection by the parallel of Latitude 13° South;
(3) thence south-easterly along the rhumb line to the point of Latitude 15° South, Longitude 146° East;
(4) thence southerly along the rhumb line to the point of Latitude 17°30’ South, Longitude 147° East;
(5) thence south-easterly along the rhumb line to the point of Latitude 18°43’16” South, Longitude 149° East;
(6) thence north along the meridian of Longitude 149° East to its intersection by the parallel of Latitude 17° South;
(7) thence north-westerly along the rhumb line to the point of Latitude 14° South, Longitude 147° 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° South, Longitude 126° East;
(2) thence west along the parallel of Latitude 35° South to its intersection by the meridian of Longitude 120° 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° 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°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° 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 G MT 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° South, Longitude 153°45’ East;
(2) thence south-westerly along the rhumb line to the point of Latitude 30°20’ South, Longitude 153°35’ East;
(3) thence southerly along the rhumb line to the point of Latitude 30°55’ South, Longitude 153°22’ East;
(4) thence west along the parallel of Latitude 30°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° 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° 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° South, Longitude 152° East;
SCHEDULE 3—continued
(2) thence south along the meridian of Longitude 152° East to its intersection by the parallel of Latitude 37° South;
(3) thence southerly along the rhumb line to the point of Latitude 39° South, Longitude 151° 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° South; and
(6) thence west along that parallel to the point of commencement.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 11 February 1983.
2. Statutory Rules 1954 No. 116 as amended by 1968 Nos. 7 and 143; 1974 Nos. 211 and 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235; 1980 Nos. 13, 279 and 369; 1981 No. 388; 1982 No. 127.