Agreement Between Japan and the Republic of Korea Concerning Fisheries

by the Governments of Japan and the Republic of Korea

Japan and the Republic of Korea,

Desiring that the maximum sustained productivity of the fishery resources in waters of mutual interest be maintained;

Firmly believing that the conservation of such resources and their rational exploitation and development will serve the interests of both countries;

Confirming that the principle of freedom of the high seas shall be respected unless otherwise prescribed by special provisions in the present Agreement;

Recognizing the desirability of eliminating the causes of disputes which may arise from their geographical proximity and the intermingling of their respective fisheries; and

Desiring mutual cooperation for the development of their fisheries,

Have agreed as follows:

Article I

1 The High Contracting Parties mutually recognize that each High Contracting Party has the right to establish a sea zone (hereinafter ‘fishery zone’), extending not more than 12 nautical miles from its respective coastal base line, over which it will have exclusive jurisdiction with respect to fisheries. However, in case either High Contracting Party uses the straight base line for the establishment of its fishery zone, the straight base line shall be determined through consultation with the other High Contracting Party.

2 The High Contracting Parties shall not present objections when one Party excludes the fishing vessels of the other Party from engaging in fishing operations in its fishery zone.

3 Areas where the fishery zones of the High Contracting Parties overlap shall be divided in two by straight lines joining the ends of the overlapping areas with the midpoints of straight lines drawn across the areas at their widest points.

Article II

1 The High Contracting Parties shall establish a joint control zone encircled by the lines described below (excluding territorial waters and the Republic of Korea’s fishery zone).

(a) A line north on the 124th E meridian north of 37° 30’ N.

(b) Thence, a line joining the following coordinates in order:

(I) 37° 30’ N, 124° E

(II) 36° 45’ N, 124° 30’ E

(III) 33° 30’ N, 124° 30’ E

(IV) 32° 30’ N, 126° E

(V) 32° 30’ N, 127° E

(VI) 34° 34’ 30? N, 129° 2’ 50? E

(VII) 34° 44’ 10? N, 129° 8’ E

(VIII) 34° 50’ N, 129° 14’ E

(IX) 34° 30’ N, 130° E

(X) 37° 30’ N, 131° 10’ E

(XI) High peak of Uamnyong

Article III

Until conservation measures necessary for maintaining the maximum sustained productivity of fishery resources are implemented on the basis of exhaustive scientific research, the provisional fishery control measures listed in the Annex [not reproduced here], which forms an integral part of this Agreement, shall be enforced in the joint control zones with respect to dragnet fishing and surrounding net fishing, and mackerel fishing by fishing vessels of not less than 60 tons. (Ton represents gross ton. The tonnage shall be indicated by deducting the tonnage permitted for improving living quarters on the vessels.)

Article IV

1 The right of control (including the right to halt and inspect vessels) and jurisdiction in waters outside the exclusive fishery zone shall be exercised only by the High Contracting Party to which the ship belongs.

2 The High Contracting Parties shall exercise appropriate guidance and supervision in order to guarantee the faithful observance of the provisional fishery control measures by their own nationals and fishing vessels, and shall carry out domestic measures, including appropriate penalties against violations thereof.

Article V

Joint resources survey zones shall be established outside of the joint control zones. The scope of the said zones and the surveys to be conducted within these zones shall be determined through consultation between the two High Contracting Parties, on the basis of recommendations made by the Joint Fisheries Commission provided for in Article VI.

Article VI

1 The High 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 purposes of this Agreement.

2 The Commission shall be composed of two national sections, each consisting of three members appointed by the Governments of the respective High Contracting Parties.

3 All resolutions, recommendations, and other decisions of the Commission shall be made only with the concurrence of the national sections.

4 The Commission may decide upon and revise, as occasion may require, rules for the conduct of its meetings.

5 The Commission shall meet at least once each year and, in addition, it may meet as requested by one of the national sections. The date and place of the first meeting shall be determined by agreement between the High Contracting Parties.

6 At its first meeting, the Commission shall select a Chairman and Vice-Chairman, one from each national section. The Chairman and Vice-Chairman shall hold office for a period of one year. During the succeeding years selection of a Chairman and a Vice-Chairman from the national sections shall be made in such a manner as will provide each High Contracting Party in turn with representation in those offices.

7 A standing 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 presented in either official language, or, if necessary, they may be presented in English.

9 In the event that the Commission concludes that joint expenses are necessary, such expenses shall be paid by the Commission through contributions made by the High Contracting Parties in the form and proportion recommended by the Commission and approved by the High Contracting Parties.

10 The Commission may delegate the disbursement of funds for the joint expenses of the Commission.

Article VII

1 The Commission shall perform the following functions:

(a) The Commission shall make recommendations to the High Contracting Parties concerning scientific research for the purpose of studying the fishery resources in the sea areas of mutual interest and concerning control measures within the joint control zones to be carried out on the basis of the results of such research and study;

(b) The Commission shall make recommendations to the High Contracting Parties on the scope of the joint resources survey zones;

(c) When it is deemed necessary, the Commission shall review matters concerning provisional fishery control measures and make recommendations to the High Contracting Parties concerning measures to be taken as a result of such review (including the revision of the provisional control measures);

(d) The Commission shall review necessary matters concerning safe operations and order among the fishing vessels of the High Contracting Parties and general policies for settling accidents occurring at sea between the fishing vessels of the High Contracting Parties, and shall make recommendations to the High Contracting Parties concerning measures to be taken as a result of such review;

(e) The Commission shall compile and study data, statistics, and records which the High Contracting Parties submit at the request of the Commission;

(f) The Commission shall consider and make recommendations to the High Contracting Parties concerning the enactment of schedules of equivalent penalties for violations of this Agreement;

(g) The Commission shall submit annually its business report to the High Contracting Parties; and

(h) The Commission shall study the various technical questions arising in connection with the implementation of this Agreement, and shall, when it is deemed necessary, make recommendations to the High Contracting Parties on the steps to be taken.

2 The Commission may establish such subsidiary organs as it deems necessary for the performance of its functions.

3 The Governments of the High Contracting Parties shall respect to the extent possible the recommendations made by the Commission in accordance with the provisions of paragraph 1.

Article VIII

1 The High Contracting Parties shall take measures as may be appropriate to guarantee the observance of international practices concerning navigation by their nationals and fishing vessels, to promote safe operations between the fishing vessels of the High Contracting Parties, to maintain proper order among them, and to achieve smooth and speedy settlements of accidents arising at sea between the fishing vessels of the High Contracting Parties.

2 In order to achieve the objective of paragraph 1, the authorities concerned of the two High Contracting Parties shall maintain as closely as possible mutual contact and cooperation.

Article IX

1 Any dispute between the High Contracting Parties concerning the interpretation or implementation of this Agreement shall be settled primarily through diplomatic channels.

2 Any dispute which cannot be settled under the provision of paragraph 1 shall be submitted for decision to an arbitration Commission of three arbitrators; one to be appointed by the Government of each High Contracting Party within a period of thirty days from the date of receipt by the Government of either High Contracting Party from that of the other High Contracting Party of a note requesting arbitration of the dispute; and the third to be agreed upon by the two arbitrators so chosen or to be nominated by the Government of a third power as agreed upon by the two arbitrators within a further period of thirty days. However, the third arbitrator must not be a national of either High Contracting Party.

3 If, within the periods respectively referred to, the Government of either High Contracting Party fails to appoint an arbitrator, or the third arbitrator of the third nation is not agreed upon, the arbitration commission shall be composed of one arbitrator to be nominated by the Government of each of two nations respectively chosen by the Government of each High Contracting Party within a period of thirty days, and the third arbitrator to be nominated by the Government of a third power decided upon by agreement between the Governments so chosen.

4 The Governments of the High Contracting Parties shall accept decisions rendered by the arbitration commission established in accordance with the provisions of this Article.

Article X

1 The present Agreement shall be ratified. The instruments of ratification shall be exchanged at Seoul as soon as possible. This Agreement shall enter into force as from the date on which the instruments of ratification are exchanged.

2 The present Agreement shall continue in force for a period of five years and thereafter until one year from the day on which a High Contracting Party shall give notice to the other High Contracting Party of an intention to terminate the Agreement.

IN WITNESS WHEREOF, the undersigned, duly authorized by the respective Governments, have signed the present Agreement.

DONE in duplicate at Tokyo, this twenty-second day of June of the year one thousand nine hundred and sixty-five in the Japanese and Korean languages, each text being equally authentic.

FOR JAPAN FOR THE REPUBLIC OF KOREA

Etsusaburo Shiina Tong Won Lee

Shinichi Takasugi Dong Jo Kim