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法規名稱: FISHERIES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND GOVERNMENT OF THE MARSHALL ISLANDS
簽訂日期: 民國 71 年 10 月 22 日
生效日期: 民國 71 年 11 月 01 日
簽約國: 亞太地區 > 馬紹爾群島
沿革:
1.Signed on October 22, 1982; Entered into force on November 1, 1982.

 
The Government of the Republic of China and the Government of t-
he Republic of the Marshall Islands,
Considering their common concern for the rational management, c-
onservation and optimum utilization of fishery resources of the
coasts of the Marshall Islands,
Recognizing that the Government of the Republic of the Marshall
Islands has jurisdiction in respect of fishery resources within
the Exclusive Fishery Zone and the Extended Fishery Zone as dfi-
ned by the Marshall Islands Marine Resources Jurisdiction Act
of 1978 (hereinafter referred to as”the Fishery Zone”),
Desirous of establishing reasonable terms and conditions pertat-
iong to fisheries of mutual concern, and,
Affirming their wish to establish mutually beneficial cooperat-
ion in the field of fisheries and in this way to contribute to
friendly relations between the Marshall Islands and the Republic
of China,
Have agreed as follows:

ARTICLE Ⅰ
Fishing by nationals and fishing vessels of the Republic of Ch-
ina within the Fishery Zone shall be conducted in accordance w-
ith the provisions of this Agreement.

ARTICLE Ⅱ
The Government of the Republic of the Marshall Islands and the
Government of the Republic of China shall hold consultations c-
oncerning fishing by nationals and fishing vessels of the Repub-
lic of China within the Fishery Zone and regarding the impleme-
ntation of this Agreement.

ARTICLE Ⅲ
1 The Government of the Republic of the Marshall Island shall d-
etermine each year, taking into account the consultations wi-
th the Government of the Republic of China referred to in Art-
icle II of this Agreement and, where appropriate, on the basis
of the best available scientific evidence, regulatory measur-
es with respect to the conduct of fishing by nationals and fi-
shing vessels of the Republic of China within the Fishery Zone
.
2 The Government of the Republic of the Marshall Islands shall
notify the Government of the Republic of China of the determi-
nations referred to in paragraph 1 of this Article on a time-
ly basis.

ARTICLE Ⅳ
The Government of the Republic of the Marshall Islands shall is-
sue licenses, in accordance with the relevant laws and regulati-
ons of the Marshall Islands with regard to the Fishery Zone, to
enable fishing vessels of the Republic of China to engage in fi-
shing within The Fishery Zone.

ARTICLE Ⅴ
1 The Government of the Republic of China shall take necessary
measures to ensure, in accordance with the relevant laws and
regulations of the Republic of china that fishing vessels of
the Republic of China unless licensed under this Agreement sh-
all not engage in fishing within the Fishery Zone and that na-
tionals and fishing vessels of the Republic of China engaging
in fishing under this Agreement comply with the provisions of
this Agreement and with the terms and conditions of licenses
issued by the Government of the Republic of the Marshall Isla-
nds.
2 The Government of the Republic of the Marshall Islands shall
notify the Government of the Republic of China of the terms a-
nd conditions of licenses referred to in paragraph 1 of this
Article on a timely basis.

ARTICLE Ⅵ
1 In cases of arrest or seizure by the authorities of the Marsh-
all Islands of nationals or fishing vessels of the Republic
of China notification shall be given promptly to inform the G-
overnment of the Republic of China of the action taken.
2 Arrested nationals of the Republic of China and seized fishing
vessels of the Republic of China shall be promptly released in
accordance with the relevant laws of the Marshall Islands, s-
ubject to reasonable bond or other security.

ARTICLE Ⅶ
The Government of the Republic of the Marshall Islands may impo-
se reasonable fines on nationals and fishing vessels of the Rep-
ublic of China which do not com-ply with the provisions of this
Agreement.

ARTICLE Ⅷ
The Government of the Republic of the Marshall Islands and the
Government of the Republic of China shall promote the objective
of conservation and optimum utilization of the resources of the
highly migratory species, like species of tuna, of the Pacific
Ocean including the waters off the coasts of the Marshall Islan-
ds.

ARTICLE Ⅸ
Subject to the availability of facilities and the needs of Mar-s
hall Islands vessels, the Government of the Republic of Marshall
Island undertakes to permit fishing vessels of the Republic of
China licensed under this Agreement to enter Marshall Islands p-
orts in accordance with the relevant laws, regulations and admi-
nistrative requirements of the Marshall Islands. The Government
of the Marshall Islands shall notify the Government of the Repu-
blic of China of the terms and conditions under which other fis-
hing vessels of the Republic of China will be permitted to enter
Marshall Islands ports.

ARTICLE Ⅹ
Nothing in this Agreement shall be deemed to prejudice the posi-
tion of either Government in regard to any question under negot-
iation at the Third United Nations Conference on the Law of the
Sea.

ARTICLE XI
1 This Agreement shall enter into force on the first day of Nov-
ember, 1982.
2 This Agreement shall remain in force for a period of two years
and shall continue in force thereafter until the expiration of
six months from the day on which either Government shall give
notice of its intention to terminate this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized th-
ereto by their respective Governments, have signed this Argre-
ement.
DONE at Taipei this 22nd. day of October, 1982, in duplicate in
the English language.

For the Government of the Republic of China
(Signed)
Chang Hsuin-shwen
Administrative Vice
Minister of Economic
Affairs
For the Government of
the Republic of Marshall Islands
(Signed)
Tony A.De Brum
Secretary of Foreign Affairs