Agreement on Fisheries between Japan and the Republic of Korea.

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

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

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

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.

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).

(vi) Intersection of 34° 34' 30" North Latitude and 129° 2' 50" East Longitude

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.)

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.

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.

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.

(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.

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.

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.

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.