Considering the common desire to strengthen the friendly cooperative relationship existing between the two countries;
Recognising that fisheries cooperation is in conformity with the common interest of fisheries and economic development of the two countries;
Considering the spirit of the United Nations Convention on the Law of the Sea;
Also mindful of their common concern for the rational management, conservation and optimum utilisation of the marine living resources;
Recognising that the Government of Papua New Guinea has established its fisheries waters including fishing limits of 200 nautical miles off its coast in accordance with the Proclamation by the Governor - General of Papua New Guinea dated 30 March 1978 (hereinafter referred to as the "Papua New Guinea Fishing Limits");
Recognising also the common desire of cooperative development and utilisation of marine living resources in the Papua New Guinea Fishing Limits, as well as cooperation in other fisheries sectors;
Desiring to establish a framework within which their mutual fisheries cooperation shall be smoothly conducted;
Affirming their desire to promote cooperation in the field of fisheries and in this way to contribute to the friendly relationship between the two countries;
Have agreed as follows:
1. The Government of Papua New Guinea shall permit fishing vessels of the People's Republic of China including those chartered by nationals or corporations of the People's Republic of China (hereinafter referred to as "Fishing Vessels of China") to fish within the Papua New Guinea Fishing Limits, subject to the provisions of this Agreement.
2. The detailed procedures for the conduct to fishing operations of Fishing Vessels of China within the Papua New Guinea Fishing Limits and for the issuance of licenses by the Government of Papua New Guinea shall be provided for in subsidiary arrangements to be agreed upon between the relevant authorities of the two Governments for the implementation of this Agreement.
The Chinese Government shall undertake:
1. to ensure that Fishing Vessels of China refrain from fishing within the Papua New Guinea Fishing Limits unless licensed under a subsidiary arrangement pursuant to this Agreement.
2. that Fishing Vessels of China licensed to fish within the Papua New Guinea Fishing Limits comply with the provisions of this Agreement and with the relevant laws and regulations of Papua New Guinea applicable to foreign fishing vessels within the Papua New Guinea Fishing Limits.
3. that duly authorised officials of the Government of Papua New Guinea will be allowed to board and inspect Fishing Vessels of China within the Papua New Guinea Fishing Limits.
4.that the relevant authority of enterprise of the Chinese Government will set up a fisheries office in Papua New Guinea and designate a Representative, who will be responsible for communication and other relevant matters under this Agreement.
The Government of Papua New Guinea shall undertake:
1. that Fishing Vessels of China shall be allowed to enter ports of Papua New Guinea for the purposes of obtaining supplies and services, repairing their vessels and fishing gear, storing or transhipping their catches, and shipping or discharging their crews, and for other reasonable purposes.
2. subject to its domestic laws and requirements to facilitate necessary measures for the setting up of the fisheries office referred to in Article 2 sub-Article 4 of this Agreement.
3. that the Government of Papua New Guinea shall accord to nationals and Fishing Vessels of China treatment no less favourable than that accorded to nationals and fishing vessels of any third country.
4. that any inspections by authorised officers of the Government of Papua New Guinea on the Fishing Vessels of China shall be carried out in such manner that does not affect the normal fishing operations of the Fishing Vessels of China.
5. that in a case of the competent authorities of Papua New Guinea detaining a Fishing Vessel of China or arresting any crew of Fishing Vessels of China which or who has respectively violated the laws or regulations of Papua New Guinea, prompt notification shall be given to the Chinese Government.
6. that in case of the detention or arrest of Fishing Vessels of China or their crews, as the case may be, the vessels or crews shall be promptly released upon the posting of reasonable bond or other security as may be legally determined by the competent court of Papua New Guinea.
7. to inform the Chinese Government of the outcome of any subsequent legal proceedings relating to the detained Fishing Vessels of China or arrested crews.
1. Besides fishing cooperation, both Governments will encourage their institutions and enterprises to develop economic and technical cooperation in the field of fisheries through exchange of personnel, repairing and building of fishing vessels, machinery and gear, processing of fish products, aquaculture, trade and other cooperative projects.
2. Both Governments shall cooperate in promoting the establishment of joint ventures in areas stipulated in paragraph 1 of this Article, and in facilitating the export of the products derived from these joint ventures to viable markets.
Both Governments and their relevant authorities shall seek to hold consultations regarding the implementation of this Agreement as well as the peaceful settlement of any possible fisheries disputes, and shall examine the possibility of developing further cooperation in the field of fisheries.
Nothing in this Agreement shall be deemed to affect other existing international agreements to which the People's Republic of China or Papua New Guinea is a party or to prejudice the position of either Government as regards the United Nations Convention on the Law of the Sea.
1. This Agreement shall enter into force on the date of notification of the other Government by either Government of the fulfilment of its domestic requirements.
2. This Agreement shall remain in force for a period of 5 years and shall continue in force thereafter unless, terminated by either Government at any time by giving twelve months written notification to the other of its intention to terminate this Agreement.
3. The termination of this Agreement under sub-Article 2 shall not affect the implementation of any joint project undertaken prior to the termination of this Agreement.
IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments for this purpose, have signed this Agreement.
Done in duplicate at Port Moresby this 16th day of July 1996 in the Chinese and English languages, both texts being equally authentic.
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