JOINT MEDIA RELEASE

MINISTER FOR FOREIGN AFFAIRS
ALEXANDER DOWNER

MINISTER FOR AGRICULTURE, FISHERIES AND FORESTRY
MARK VAILE

1 June 1999

Japan's Decision on Southern Bluefin Tuna Unacceptable

Federal Agriculture, Fisheries and Forestry Minister, Mark Vaile, and Foreign Affairs Minister, Alexander Downer, today expressed deep disappointment at Japan's decision to commence another "experimental fishing program" (EFP) for Southern Bluefin Tuna (SBT).

The Ministers said Japan's decision totally ignored the position of the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) - Australia, Japan and New Zealand.

The Ministers said Japan's unilateral action was disappointing, unacceptable, provocative and in breach of Japan's obligations under international law.

"Last night Japan confirmed that it would go ahead with its planned experimental take of Southern Bluefin Tuna. Neither Australia nor New Zealand agree with the decision and the Government calls on Japan to cease any experimental fishing activity immediately," Mr Vaile said.

"The Government will not agree to an experiment that adds to the risk of stock reduction by taking an unacceptable catch. Despite this catch, the Japanese EFP will not add significantly to existing assessments of the SBT stock or improve the management of SBT," Mr Vaile said.

"Australia will respond to this action by Japan in the strongest possible terms. The previous bans on access to the Australian Fishing Zone and Australian ports by Japanese fishing vessels will stay firmly in place."

Mr Downer said there was a range of other actions open to Australia, including legal options.

"All these options will be considered. Australia cannot turn a blind eye to Japan's behaviour. The Australian Government is very concerned that a country with which we have such close and strong relations would act in this way," Mr Downer said.

"This is a point that I have consistently made to the Japanese Government, most recently to the high-level Japanese delegation that visited Canberra last week, that we were engaged, with New Zealand, in trying to agree on a joint experimental fishing program with the CCSBT, that would have resolved the dispute with Japan over this issue. That process should have continued.

"It is regrettable that Japan chose not to make the effort needed to achieve that outcome," Mr Downer said.

Background

Japan conducted a unilateral EFIP in 1998. Australia and New Zealand protested strongly then on grounds that Japan's EFIP was contrary to international law, was based on flawed experimental design and would be analysed using scientifically invalid methods.

As an adjunct to formal negotiations which commenced last December, aimed at resolving the existing dispute over Japan having conducted a similar unilateral EFP in 1998, Australia, Japan and New Zealand had been seeking to develop and implement a joint EFP commencing in 1999, based on principles for experimental fishing agreed by the CCSBT in 1996.

Despite six formal meetings and several informal high level discussions since December, it has not been possible to agree on a joint EFP. The main reason for this has been Japan's insistence that the proposed new EFP must include an experimental design virtually identical to its unacceptable 1998 unilateral EFP.

Among its many deficiencies, Japan's EFP does not limit the catch of SBT to a level acceptable to Australia and New Zealand.

Failure to agree on a joint EFP has serious adverse consequences for the future operation of the CCSBT. There are a range of possible policy and legal options available to Australia and New Zealand in considering how to respond to Japan's unilateral action.

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