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Agreement on Fisheries between the Government of the Republic of Korea and the Government of the Cook Islands [1980] PITSE 7 (25 August 1980)

AGREEMENT ON FISHERIES BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE COOK ISLANDS

(Auckland, 25 August 1980)

ENTERED INTO FORCE 25 AUGUST 1980

THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE COOK ISLANDS,

RECALLING their concern for the rational management, conservation and utilisation of the living
resources off the coasts of the Cook Islands,

NOTING the importance of these resources as a source of protein for the two peoples of the Republic of Korea and the Cook Islands,

RECOGNISING that the Government of the Cook Islands in the exercise of its sovereign rights has established a 200 nautical mile exclusive economic zone off its coasts (hereinafter referred to as "the Exclusive Economic Zone") for the purpose of exploring and exploiting, conserving and managing the living resources of the Exclusive Economic Zone,

TAKING INTO ACCOUNT the work of the Third United Nations Conference on the Law of the Sea,

DESIROUS of establishing terms and conditions under which their mutual fisheries relations shall be conducted,

AFFIRMING their desire to promote cooperation in the field of fisheries and in this way to contribute to friendly relations between the Cook Islands and the Republic of Korea,

HAVE AGREED AS FOLLOWS:

Article 1

1. The Government of the Cook Islands shall permit fishing vessels of the Republic of Korea including those chartered by nationals or corporations of the Republic of Korea (hereinafter referred to as "Korean fishing vessels") to fish within the Exclusive Economic Zone, subject to the provisions of this Agreement.

2. The detailed procedures for the conduct of fishing operations of Korean fishing vessels within the Exclusive Economic Zone and for the issuance of licences by the Government of the Cook Islands shall be provided for in subsidiary arrangements to be agreed upon between the two Governments or their relevant authorities for the implementation of this Agreement and subject to the relevant provisions of the Cook Islands Law.

Article 2

1. The Government of the Cook Islands shall determine each year, taking into account the results of consultations with the Government of the Republic of Korea referred to in Article 8 of this Agreement, and on the basis of the best available scientific evidence and all other relevant factors,

(a) the total allowable catch for individual stocks or complexes of stocks in the Exclusive Economic Zone;

(b) the harvesting capacity of fishing vessels of the Cook Islands for such stocks, and

(c) the allocation for Korean fishing vessels, of parts of surpluses of such stocks.

2. The Government of the Cook Islands shall notify the Government of the Republic of Korea on a timely basis of the determinations provided for in paragraph 1 of this Article.

3. In making decisions in accordance with paragraph 1 of this Article, the Government of the Cook Islands shall take into consideration, inter alia, Cook Islands interests, the development of cooperation between the two Governments pursuant to this Agreement, the previous record of Korean fishing and the traditional interest of the Republic of Korea in utilisation of fishing resources in the Exclusive Economic Zone.

Article 3

1. The Government of the Republic of Korea shall take measures to ensure:

(a) that its nationals and fishing vessels refrain from fishing for living resources within the Exclusive Economic Zone unless licensed under this Agreement;

(b) that all Korean fishing vessels licensed to fish within the Exclusive Economic Zone comply with the provisions of this Agreement and with the relevant laws and regulations of the Cook Islands applicable to foreign fishing vessels in the Exclusive Economic Zone;

(c) that all Korean fishing vessels allow and assist boarding by competent Cook Islands officials for the purpose of inspection or enforcement;

(d) that all Korean fishing vessels comply at all times with instructions given by any vessels or aircraft operating under the jurisdiction and authority of the Government of the Cook Islands.

2. The inspection or instructions as provided for in paragraph 1 (c) and (d) of this Article, however, shall be carried out in a manner that does not unreasonably hamper normal fishing operations of Korean fishing vessels.

Article 4

The Government of the Cook Islands shall take measures to ensure:

(a) that in cases of detention of Korean fishing vessels or arrest of their crews by the competent authorities of the Cook Islands, prompt notification shall be given to the Government of the Republic of Korea;

(b) that in cases of detention or arrest, Korean fishing vessels or their crews shall, upon the posting of reasonable bond or others security, be promptly released;

(c) that Korean fishing vessels shall be allowed to enter the ports of Rarotonga for the purpose of obtaining supplies and services, repairing their vessels and fishing gear, storage or transshipment of fish and fish products and for other reasonable purposes;

(d) that the Government of the Cook Islands shall accord to Korean nationals and fishing vessels treatment no less favourable than that accorded to any third country.

Article 5

1. The Government of the Republic of Korea shall ensure that all necessary measures are taken to ensure prompt and adequate compensation to the Cook Islands Government or citizens for any loss or damage that is caused by Korean fishing vessels.

2. The Government of the Cook Islands shall also ensure that all necessary measures are taken to ensure prompt and adequate compensation to Korean fishing vessels or their crews for any loss or damage that is caused by Cook Islands fishing vessels.

Article 6

1. The Government of the Republic of Korea and the Government of the Cook Islands shall cooperate with each other for the management and conservation as well as optimum utilisation of the living marine resources within the Exclusive Economic Zone.

2. For the purpose of paragraph 1 of this Article, the two Governments shall cooperate in:

(a) planning and conduct of scientific research within the Exclusive Economic Zone ;

(b) exchange of scientific and biological and statistical information.

Article 7

The Government of the Republic of Korea shall ensure that its nationals and fishing vessels will refrain in accordance with Cook Islands law from harassing, hunting, capturing or killing any marine mammal in the Exclusive Economic Zone unless specifically authorized by the Government of the Cook Islands.

Article 8

The Government of the Cook Islands and the Government of the Republic of Korea shall hold
periodical bilateral consultations regarding the implementation of this Agreement and shall examine the possibility of developing further cooperation in the field of fisheries.

In particular, they shall consider future bilateral cooperation in respect of:

(a) cooperative arrangements for the catching, utilisation, processing and marketing of living resources from the Exclusive Economic Zone,

(b) the expansion of markets, including improved market access, for fish and fish products originating in the Cook Islands;

(c) fishery resources of mutual interest in an area beyond and adjacent to the Exclusive Economic Zone;

(d) such other matters as may be agreed upon.

Article 9

Nothing contained in this Agreement shall affect or prejudice in any manner the position of either
Government with regard to other existing international agreements or the Third United Nations
Conference on the Law of the Sea.

Article 10

1. This Agreement shall enter into force on the date of signature thereof

2. This Agreement shall remain in force for a period of five years and shall continue in force thereafter until the expiration of six months from the date on which either Government shall give notice of its intention to terminate this Agreement.

IN WITNESS WHEREOF the undersigned, duly authorised by their respective Governments for this purpose, have signed this Agreement.

DONE at Auckland on this twenty-fifth day of August 1980, in two originals, one each in the English and Korean languages, both texts being equally authentic.

AGREED MINUTES

The representatives of the Government of the Republic of Korea and the Government of the Cook
Islands agree that the Fisheries Association of the Republic of Korea may represent the Government of the Republic of Korea in any discussion or agreement on the matter of the rates of fees to be paid by the Fisheries Association of the Republic of Korea with respect to the Paragraph 2 of Article 1 of the Agreement between the Government of the Republic of Korea and the Government of the Cook Islands concerning Fisheries within the Cook Islands Exclusive Economic Zone.