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Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-
| STATE | TERRITORIAL SEA | FISHING ZONE | ECONOMIC ZONE |
| **Australia | 12 mi (1990) | 200 mi (1979) | 200 mi (1994) |
Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-
| STATE | Licence fees, royalties and others local currency | Requirements concerning bilateral framework agreements or joint venture participation | Nationality criteria for fishing vessels |
| AUSTRALIA | LEGISLATION -Foreign fishing licence = A$300 -Foreign master fishing licence = A$100 (Fisheries Management Act 1991, FisheriesManagement Regulations) AGREEMENTS Subsidiary Agreement between Australia and Japan concerning Japanese Tuna Longline Fishing, renewed December 1994, valid through 31 October 1995. -lump sum payment (in advance) = A$ 4 225 million -access fees paid include all costs for observers, monitoring, enforcement, and administration of the Agreement. Note: Access fees paid on a resource rental basis are sufficient to cover cost of observers, AFMA monitoring & admin. (enforcement & AFZ surveillance, Defence force community funded) (Source: Department of Primary Industries and Energy, Fisheries Policy Branch) Joint Venture Agreement between the Australian Fisheries Management Authority and Tuna Longline Development Cooperation Pty. Ltd., signed on 17 February 1995 and valid through November 1997. -Statutory licence fee A$300 per vessel per year. -Management, research and enforcement costs = A$1 241 249 in the first year. (Source: Australian Fisheries Management Authority 1995) Treaty on Fisheries between Governments of certain Pacific Island States and U.S.A., renewed on 15 June 1993 for 10 year extension, to be reviewed after 5 years. -A lump sum of US$18 million per year, of which US$14 million to be paid by the US Government and US$4 million to be paid by US industry. -15% of the US fee is split evenly between all 16 FFA members while the remaining 85% is paid to members in proportion of the amount of fish taken from their EEZ; Australia receives about A$150 000 annually under the Treaty. -Maximum number of 55 vessels. -Specific cost recovery provisions to be paid in a lump sum and initially calculated on the basis of the average number of trips per vessel for the latest licensing period. |
LEGISLATION AFMA with the approval of the Minister, may enter into an agreement with a person that contains a provision under which AFMA agrees to grant a foreign fishing licence or 2 or more such licences in respect of foreign fishing boats. (Sect. 35) (Fisheries Management Act No. 162 of 1991) Foreign Fishing Guidelines provide advice on Government policy and procedures regarding fishing enterprises' use of foreign fishing vessels in AFZ. (Source: Department of Primary Industries and Energy, Fisheries Policy Branch) |
LEGISLATION Australian boat defined as a boat whose operations are based in a place in Australia or an external Territory, and which is wholly owned by a natural person who is a resident of, or by a company incorporated in Australia or an external Territory, being a boat that (a) was built in Australia or an external territory; or (b) is owned by a foreign resident that is under a demise charter that is registered under the Shipping Registration Act 1981; or where it has been lawfully imported into Australia for a limited period and the Minister is satisfied that the extent of participation by citizens or Australian residents, either directly or through the holding of shares in a company or otherwise indirectly, in the control of the boat's operations in the AFZ during that period, and the nature of those operations, will be such as to justify it in so doing, the AFMA may, at its discretion, by instrument published in the Gazette, declare that, during that period, the boat is to be deemed an Australian boat for the purpose of the Act. (Fisheries Management Act 1991, sect. 4(1)(a) and (2)) |
Table C: -Coastal State requirements for foreign fishing-
| STATE | Foreign
fishing vessel licence conditions (other than reporting requirements) including observers, bonds, etc. |
Logbook, and reporting requirements foreign fishing |
| AUSTRALIA | AGREEMENTS Subsidiary Agreement between Australia and Japan concerning Japanese Tuna Longline Fishing, renewed December 1994, valid through 31 October 1995. -Lump sum to be paid in advance. -Maximum of 250 vessels may be licensed. -Vessels to be nominated at least 14 days prior to the access period. -Maximum of 2 575 fishing days off East Coast with a fleet of 55 vessels which shall access to East Coast in each 34 month periods. -Total number of hooks set, must not exceed 7,5 million hooks in the East Coast area during 1994-95 season. -Maximum of 20 vessels allowed access to West Coast north of 34°S. -Southern Bluefin Tuna catch limited to 200 t. off East Coast and 400 t. off Tasmania. -Additional areas incorporating five national nature reserves excluded from longlining. -Vessels will be subject to pre- and post-fishing inspection to verify catch. -No deliberate targeting of billfish (except broadbill swordfish). -Live black and blue marlin caught are to be released (voluntary code). -As from 1 March, vessels fishing in the AFZ have to carry and operate satellite reporting equipment. -Tori poles to be used south of 30°S. to reduce albatross bycatch; as from 1 November 1995, all Japanese longline vessels operating below 30°S. will be required to use a tori pole of required standard. -Vessels to comply with the MARPOL V requirements for proper disposal of plastics and other rubbish. -Vessels to comply with an existing Shark By-Catch Code of Practice. -Vessels must have good standing on the Register of Foreign Fishing Vessels before issuing of licence. (Source: Department of Primary Industries and Energy, Fisheries Policy Branch 1995) Treaty on Fisheries between the Governments of certain Pacific Island States and the USA, as amended. -Maximum number of 55 vessels. -Certain types of Australian management measures may be imposed on fishing activity by US vessels, licensed to fish pursuant to the treaty in the AFZ, including by way of fishery management plans promulgated by the Australian government, i.e., limitations on the taking of yellowfin and seasonal closures. -Vessel markings to be consistent with FAO guidelines. -Australia may place observers on any US licensed vessel; 20% observer coverage on US vessels. Joint Venture Agreement between the Australian Fisheries Management Authority and Tuna Longline Development Cooperation Pty. Ltd., signed on 17 February 1995 and valid through November 1997. -Up to 50 vessels may be licensed. -Joint venture vessels excluded from operating north of 34°S. off the west coast and generally 39°S. and 40°S. off the east coast. -Up to 2 000 t. of southern bluefin tuna may be taken in any season with all vessels in areas of access (A&B). -No more than 1 500 t. of SBT to be taken in any season in area of access B. |
LEGISLATION -Regulations shall provide for the reporting of positions by licensed foreign vessels within fishing zone. -Master of licensed foreign fishing vessel must report position by radio within 12 hours of each of times specified in licence to AFMA. -Master of licensed foreign fishing vessel to maintain logbook on daily basis. -Completed folios of logbooks to be furnished as soon as practicable to authorities. (Fisheries Management Regulations of 1992) AGREEMENTS Subsidiary Agreement between Australia and Japan concerning Japanese Tuna Longline Fishing, renewed December 1994, valid through 31 October 1995. -Vessels will be required to report catch and position by radio or Inmarsat to AFMA at specified times. -Vessels shall report the beginning of fishing operations with an AFZB report, and completion of fishing operations with an AFZS report. Days to be counted from and including the day of the AFZB report until the day of the AFZS report. -Licensed vessels required to: - provide identity number of vessel, at least 96 hours prior to entry to the AFZ, if vessel is equipped with Inmarsat; - notify intention to enter the AFZ 24 hours in advance; - notify intention to leave AFZ 24 hours in advance; - daily report of the present position of the vessel and the time the report is made; - report 24 hours in advance intention to depart from Australian port; - report within 12 hours, the time the vessel starts and stops fishing in authorized fishing area. - report 7 days and then 36 hours in advance of intention to enter an Australian port; Joint Venture Agreement between the AFMA and Tuna Longline Development Cooperation Pty. Ltd. -Seven days notice required of a vessel's intention to commence, or if vessel has left the AFZ, recommence fishing operations in the AFZ. -Report at least 36 hours in advance of intention to depart from AFZ, whether temporarily or permanently, or to operate within the AFZ. -Each vessel to maintain a Japanese Tuna Catch record (TL04) -To complete and report weekly catch report to AFMA at specified time. -Licensed vessels to report to AFMA, time, date and position of entering/departing AFZ and entering a port. Treaty on Fisheries between the Governments of certain Pacific Island States and the USA. Amendment to treaty include: -administrator to receive weekly, transhipment and port entry/exit reports; -national authorities to receive weekly, transhipment, zone and port/exit reports. |
Table D: -Compliance control and reporting conditions-
- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .
COMPLIANCE CONTROL AND OTHER CONDITIONS
A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew
REPORTING REQUIREMENTS
P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels
| COASTAL COUNTRIES | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |
| AUSTRALIA* | X | X | X | X | X | X | X | X | X | X | X | X | X | X | XD2 | X6 | XD | X | X | X | X |
Table E: -Penalties for unauthorized foreign fishing-
| STATE | FINES | IMPRISONMENT | FORFEITURE |
| AUSTRALIA | Up to A$ 250 000 on conviction | NO | Vessel, gear and catch: Court may order. |