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Agreement Between the Fisheries Association of the Republic of Korea and the Government of the Cook Islands Concerning the Licensing of Fishing Vessels of the Republic of Korea to Fish Within the Cook Islands Exclusive Economic Zone [1983] PITSE 7 (23 December 1983)

AGREEMENT BETWEEN THE FISHERIES ASSOCIATION OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE COOK ISLANDS CONCERNING THE LICENSING OF FISHING VESSELS OF THE REPUBLIC OF KOREA TO FISH WITHIN THE COOK ISLANDS EXCLUSIVE ECONOMIC ZONE

(23 December 1983)

ENTRY INTO FORCE: 1 DECEMBER 1983

HAVING REGARD to the Agreement between the Government of the Republic of Korea and the Government of the Cook Islands concerning Fisheries off the Coasts of the Cook Islands signed
in Auckland, New Zealand, on 25 August 1980 ("Fisheries Agreement") and to the Agreed Minutes the Fisheries Association of the Republic of Korea (the "Association") of the one part and the Government of the Cook Islands (the "Government") of the other part

HAVE AGREED AS FOLLOWS:

Article I

This Agreement (the "Licensing Agreement") shall have effect during the period of Twelve months from 1st December 1983 to 30 November 1984 (the "Period").

Article II

1. In consideration of the issue by the Government of 41 (Fort one) Licences in accordance with Article IV below, the Association shall pay to the Government a Fee of US$53,500 for the period, and pro rata for any part of a year.

2. The Fee referred to in Paragraph 1 of this Article shall be non-refundable regardless of any cancellation of Licences during the period of this Agreement in accordance with Article IV below, unless such Licences are cancelled without due cause.

Article III

1. The Fee referred to in Paragraph 1 of Article II shall be paid by the Association in two equal instalments the first within Two months after signature of this agreement and the second within Six months after the first payment to the account of the Government with the National Bank of New Zealand at Rarotonga.

2. All fees payable by the Association to the Government under this Agreement shall be paid free and clear of deductions or withholdings of any nature whatsoever. In the event the Government of the Republic of Korea or its authorities concerned require the Association to make any deductions or withholdings of any nature whatsoever from any payment of fees. to the Government under this Agreement, the sum due from the Association in respect of such payment shall be increased to the extent necessary to ensure that after making any such deduction or withholding the Government shall receive a net sum equal to the sum which it would have received had no such deduction or withholding being required to be made.

Article IV

1. In consideration of the payment of the Fee referred to in Paragraph 1 of Article II above, the Government shall issue Licence Certificates (in the form set out in Annex A to this Agreement) to Korean fishing vessels (the "Licensed Vessels") to permit the Licensed Vessels to engage in fishing during the period prescribed in Article I within the Cook Islands Exclusive Economic Zone, provided that the total number of vessels does not exceed 41. Each Licence Certificate issued in respect of a Licensed Vessel shall be issued to the owner thereof (the "Licensed Owner"),

2. Two copies of each Licence Certificate issued in accordance with Paragraph 1 of this Article shall be sent to the Association, one of which shall be delivered to the Captain of the Licensed Vessel.

3. The Captain of each Licensed Vessel engaged in fishing within the Cook Islands Exclusive Economic Zone shall carry his copy of the Licence Certificate on board the Licensed Vessel and shall produce it for inspection on demand by an Officer duly authorised by the Government, provided that, where a Licensed Vessel is at sea prior to receipt of the Certificate, production of the Certificate number shall be sufficient.

4. Should a Licensed Owner lose, sell his vessel or build a replacement vessel or the items in the Licence Certificate be changed due to inheritance or other reasons during the period of validity of the Certificate a new Certificate may be issued for the remaining portion of the period o£ validity of the original Certificate. In such event the original Certificate shall be cancelled and returned to the Government.

5. The transfer of Licence Certificate is prohibited and except as provided in Paragraph'4 of this Article. A Licence Certificate which has been cancelled or revoked may not be issued or re-issued to a Licensed Owner or any other person.

6. The Association shall ensure that vessels in respect of which licence applications are made shall be included on the South Pacific Forum Fisheries Agency Regional Fishing Vessel Register (the "Regional Register") within 2 months from the date of each and every application. A Regional Register application form and Supplementary instructions for the completion of the form are attached to this Agreement and made part hereof as Annex Cl.

Article V

1. Purse seine fishing within the Cook Islands Exclusive Economic Zone is prohibited unless and until written notice to the contrary is given by the Government.

2. Fishing within the Twelve mile territorial waters of the Cook Islands is prohibited.

Article VI

1. Each Licensed Vessel engaged in fishing within the Cook Islands Exclusive Economic Zone shall be required to maintain and complete a log book in the form set out in Annex Bl, provided that, where a Licensed Vessel is at sea prior to receipt of the Licence Certificate, such part of the log book as is incomplete may be prepared retrospectively.

2. The Association shall ensure that copies of log books relating to fishing within the Cook Islands Exclusive Economic Zone are sent to the Government as soon as possible and in any event within Two months after completion of each voyage of the Licensed Vessel concerned.

3. The Captain of each Licensed Vessel shall give to Rarotonga Radio (ZKR) either directly or indirectly at least twenty-four hours' notice of his intention to enter or depart from the Exclusive Economic Zone, the nautical position of his intended point of entry or departure and the quantity of fish on board at the time.

4. The Captain of each licensed vessel shall give to Rarotonga Radio his nautical position on the tenth day, twentieth day and on the last day of each calendar month while within the Exclusive Economic Zone.

Article VII

If the Government notifies the Association that a Licence has been cancelled or withdrawn because a Licensed Vessel, or the Captain or Licensed Owner thereof, has contravened the provisions of the Fisheries Agreement, or of this Agreement, the conditions of the Licence Certificate, or any of the Laws of the Cook Islands, the Association shall forthwith return all copies of the Licence Certificate to the Government. When giving such notification, the Government shall provide the Association with a statement as to the offence committed, together with supporting evidence relating to the offence. The Government shall give the Association an opportunity to appeal to the Minister of Agriculture and Fisheries of the Government of the Cook Islands against such cancellation or withdrawal, provided that the Licence Certificate so withdrawn remains withdrawn until the decision of the appeal.

Article VIII

If at any time any approval of the Government of the Republic of Korea is necessary or desirable for the Association to make the payments provided for herein, the Association shall promptly obtain such approval and thereafter maintain the validity thereof.

Article IX

This Agreement shall be made in duplicate in English and the Association and the Government shall each hold one original thereof as evidence of their agreement.

Article X

The Licences granted hereunder are granted pursuant to and under the authority of the Cook Islands Exclusive Economic Zone Act 1977, the Fisheries Agreement and the Laws of the Cook Islands.

DATED 23 December 1983

ANNEX A1

Licence to Fish in the Cook Islands Exclusive Economic Zone

1. This licence is issued pursuant to section 13 of the Territorial Sea and Exclusive Economic Zone Act 1977.

2. The foreign fishing craft described hereunder is hereby licensed to be used for fishing in the Exclusive Economic Zone for the period specified in paragraph 4 of this licence, for the purposes specified in paragraph 3 of this licence and in accordance with the conditions set out in the schedule to this licence and subject to all Cook Islands laws that apply to the craft in the zone.

Description of Craft

Name of craft:
Type of craft:
Registration number:
Gross tonnage:
Name of master:
Name of owner:
Country of registration:
Overall length:
International radio call sign:

3. The purposes for which the craft may be used for fishing in the zone are as follows: Fish normally taken by tuna longline fishing gear.

4. Subject to the Act, this licence is valid from the 1st day of December 1983 to the 30th day of November 1984.

SCHEDULE

CONDITIONS

The Captain of any licensed vessel shall:

(1) not fish within the 12 mile territorial waters of the Cook Islands.

(2) permit an officer duly authorised by the Government of the Cook Islands to board and inspect the log book and Licence Certificate of his vessel.

(3) keep up to date the log book in the approved form in ink.

(4) submit copies of log books related to any fishing activities within the Cook Islands Exclusive Economic Zone as soon as possible and in any event within 2 months after the completion of each voyage in accordance with instructions given by the Fisheries Association of the Republic of Korea,

(5) within the Cook Islands Exclusive Economic Zone comply with any lawful instructions given by an officer duly authorised by the Government of the Cook Islands.

Dated this day of 19

Minister of Agriculture and Fisheries

ANNEX B1

Longline Vessel – Catch Report for the Waters of Cook Islands

[Not reproduced here]

ANNEX C1

Supplementary Instructions for Completion of Regional Fishing Vessel Register Application Form

[Not reproduced here]