Australian Treaty Series 1981 No 6
DEPARTMENT OF FOREIGN AFFAIRS
CANBERRA
Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment
(Tokyo, 6 February 1974)
Entry into force: 30 April 1981
AUSTRALIAN TREATY SERIES
1981 No. 6
Australian Government Publishing Service
Canberra
(c) Commonwealth of Australia 1995
AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF JAPAN FOR THE PROTECTION OF MIGRATORY BIRDS AND BIRDS IN DANGER OF EXTINCTION AND THEIR ENVIRONMENT
THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF JAPAN,
CONSIDERING that birds constitute an important element in the natural environment and play an essential role in enriching the natural environment and that this role may be enhanced by proper management thereof,
RECOGNISING the special international concern, as expressed, for example, at the United Nations Conference on the Human Environment, for the protection of migratory birds and birds in danger of extinction,
NOTING the existence of bilateral and multilateral agreements for the protection of migratory birds and birds in danger of extinction,
CONSIDERING that many species of birds migrate between Australia and Japan and live seasonally in respective countries and that there are certain species of birds which are in danger of extinction and also that co-operation between the two Governments is essential for the conservation of these birds, and
DESIRING to co-operate in taking measures for the management and protection of migratory birds and birds in danger of extinction and also for the management and protection of their environments,
HAVE AGREED as follows:
Article I
1. In this Agreement, the term "migratory birds" means:
(a) the species of birds for which there is reliable evidence of migration between the two countries from the recovery of bands or other markers; and
(b) the species of birds with subspecies common to both countries or, in the absence of subspecies, the species of birds common to both countries (excepting those whose non-migratory nature is biologically evident). The identification of these species and subspecies shall be based upon specimens, photographs or other reliable evidence.
2. (a) The list of the species defined as migratory birds in accordance with paragraph 1 of this Article is contained in the Annex to this Agreement.
(b) The competent authorities of the two Governments shall review from time to time the Annex and, if necessary, make recommendations to their respective Governments to amend it.
(c) The Annex shall be considered amended three months after the date upon which the two Governments confirm, by an exchange of diplomatic notes, their respective acceptance of such recommendations.
Article II
1. Each Government shall prohibit the taking of migratory birds or their eggs. However, exceptions to the prohibition of taking may be permitted in accordance with the laws and regulations in force in each country in the following cases:
(a) for scientific, educational, propagative or other specific purposes not inconsistent with the objectives of this Agreement;
(b) for the purpose of protecting persons and property;
(c) during hunting seasons established in accordance with paragraph 3 of this Article; and
(d) to allow the hunting and gathering of specified birds or their eggs by the inhabitants of certain regions who have traditionally carried on such activities for their own food, clothing or cultural purposes, provided that the population of each species is maintained in optimum numbers and that adequate preservation of the species is not prejudiced.
2. Each Government shall prohibit any sale, purchase or exchange of migratory birds or their eggs, whether they are alive or dead, except those taken in accordance with the second sentence of paragraph 1 of this Article, or of the products thereof or their parts.
3. Each Government may establish seasons for hunting migratory birds taking into account the maintenance of normal annual reproduction of those birds.
Article III
1. Each Government shall take special protective measures, as appropriate, for the preservation of species or subspecies of birds which are in danger of extinction.
2. Whenever either Government has determined the species or subspecies of birds which are in danger of extinction and taken special protective measures therefor, the Government shall inform the other Government of such determination and of any cancellation thereafter of such determination.
3. Each Government shall control the exportation or importation of such species or subspecies of birds as are determined in accordance with paragraph 2 of this Article, and of the products thereof.
Article IV
1. The two Governments shall exchange data and publications regarding research on migratory birds and birds in danger of extinction.
2. Each Governments shall encourage the formulation of joint research programs on migratory birds and birds in danger of extinction.
3. Each Government shall encourage the conservation of migratory birds and birds in danger of extinction.
Article V
Each Government shall endeavour to establish sanctuaries and other facilities for the management and protection of migratory birds and birds in danger of extinction and also of their environment.
Article VI
Each Government shall endeavour to take appropriate measures to preserve and enhance the environment of birds protected under the provisions of this Agreement. In particular, it shall:
(a) seek means to prevent damage to such birds and their environment;
(b) endeavour to take such measures as may be necessary to control the importation of animals and plants which it determines to be hazardous to the preservation of such birds; and
(c) endeavour to take such measures as may be necessary to control the introduction of animals and plants which could disturb the ecosystems of unique island environments.
Article VII
Each Government agrees to take measures necessary to carry out the purposes of this Agreement.
Article VIII
Upon the request of either Government, the two Governments shall hold consultations regarding the operation of this Agreement.
Article IX
1. This Agreement shall be ratified and the instruments of ratification shall be exchanged at Canberra as soon as possible. HYPERLINK "http://www.austlii.edu.au/au/other/dfat/treaties/1981/6.html" \l "fn0#fn0" [1]
2. This Agreement shall enter into force on the date of the exchange of the instruments of ratification. It shall remain in force for fifteen years and shall continue in force thereafter until terminated as provided herein.
3. Either Government may, by giving one year's notice in writing, terminate this Agreement at the end of the initial fifteen year period or at any time thereafter.
IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE in duplicate, in the English and Japanese languages, each text being equally authentic, at Tokyo, this sixth day of February, one thousand nine hundred and seventy-four.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
AUSTRALIA: JAPAN:
[Signed:] [Signed:]
D J HORNE MASAYOSHI OHIRA
ANNEX
COMMON NAME SCIENTIFIC NAME
1 Streaked Shearwater Calonectris leucomelas
2 Wedge-tailed Shearwater Puffinus pacificus
3 Fleshy-footed Shearwater Puffinus carneipes
4 Sooty Shearwater Puffinus griseus
5 Short-tailed Shearwater Puffinus tenuirostris
6 Wilson's Storm-petrel Oceanites oceanicus
7 Leach's Storm-petrel Oceanodroma leucorhoa
8 White-tailed Tropic-bird Phaethon lepturus
9 Brown Booby Sula leucogaster
10 Masked Booby Sula dactylatra
11 Red-footed Booby Sula sula
12 Greater Frigate-bird Fregata minor
13 Lesser Frigate-bird Fregata ariel
14 Cattle Egret Bubulcus ibis
15 White Egret Egretta alba
16 Garganey Teal Anas querquedula
17 Ringed Plover Charadrius hiaticula
18 Mongolian Sand-dotterel Charadrius mongolus
19 Large Sand-dotterel Charadrius leschenaultii
20 Oriental Dotterel Charadrius asiaticus
21 Eastern Golden Plover Pluvialis dominica
22 Grey Plover Pluvialis squatarola
23 Turnstone Arenaria interpres
24 Red-necked Stint Calidris ruficollis
25 Long-toed Stint Calidris minutilla (including Calidris subminuta)
26 Baird's Sandpiper Calidris bairdii
27 Pectoral Sandpiper Calidris melanotos
28 Sharp-tailed Sandpiper Calidris acuminata
29 Curlew Sandpiper Calidris ferruginea
30 Knot Calidris canutus
31 Great Knot Calidris tenuirostris
32 Sanderling Crocethia alba
33 Ruff (Reeve) Philomachus pugnax
34 Buff-breasted Sandpiper Tryngites subruficollis
35 Broad-billed Sandpiper Limicola falcinellus
36 Little Greenshank Tringa stagnatilis
37 Greenshank Tringa nebularia
38 Wood Sandpiper Tringa glareola
39 Grey-tailed Tattler Tringa brevipes
40 Wandering Tattler Tringa incana
41 Common Sandpiper Tringa hypoleucos
42 Terek Sandpiper Xenus cinereus
43 Black-tailed Godwit Limosa limosa
44 Bar-tailed Godwit Limosa lapponica
45 Eastern Curlew Numenius madagascariensis
46 Whimbrel Numenius phaeopus
47 Little Whimbrel Numenius minutus
48 Pin-tailed Snipe Gallinago megala
49 Japanese Snipe Gallinago hardwickii
50 Red-necked Phalarope Phalaropus lobatus
51 Oriental Pratincole Glareola pratincola
52 South-polar Skua Stercorarius skua
53 Pomarine Skua Stercorarius pomarinus
54 Arctic Skua Stercorarius parasiticus
55 White-winged Black Tern Chlidonias leucoptera
56 Crested Tern Sterna bergii
57 Asiatic Common Tern Sterna hirundo
58 Black-naped Tern Sterna sumatrana
59 Bridled Tern Sterna anaethetus
60 Little Tern Sterna albifrons
61 Noddy Anous stolidus
62 Oriental Cuckoo Cuculus saturatus
63 Spine-tailed Swift Chaetura caudacuta
64 Fork-tailed Swift Apus pacificus
65 Barn Swallow Hirundo rustica
66 Yellow Wagtail Motacilla flava
[Note from the Department of Foreign Affairs to the Embassy of Japan, Canberra]
I
CH103523
The Department of Foreign Affairs presents its compliments to the Embassy of Japan and has the honour to refer to the Agreement betwen the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment which was signed at Tokyo on 6 February 1974.
In accordance with Article III(2) the Department wishes to inform the Embassy that the Government of Australia has determined that the species or subspecies of birds in the attached list are birds in danger of extinction.
The Department of Foreign Affairs avails itself of this opportunity to renew to the Embassy of Japan the assurances of its highest consideration.
CANBERRA
30 April 1981
OFFICIAL LIST OF AUSTRALIAN ENDANGERED BIRDS
(Dates shown in parenthesis represent the date of the last authentic record for a taxon)
SCIENTIFIC NAMES COMMON NAMES Procellariiformes Procellariidae Pterodroma leucoptera leucoptera Goulds Petrel Pterodroma solandri Providence Petrel Puffinus carneipes hullianus Lord How Island Fleshy-footed Shearwater Pelecaniformes Sulidae Sula abbotti Abbott's Booby Fregatidae Fregata andrewsi Christmas Island Frigatebird Falconiformes Accipitridae Accipiter radiatus Red Goshawk Gruiformes Pedionomidae Pedionomus torquatus Plains Wanderer Rallidae Tricholimnas sylvestris Lord Howe Island Woodhen Charadriiformes Laridae Anous tenuirostris Lesser Noddy Psittaciformes Psittacidae Cyanoramphus novaezelandiae cookii Norfolk Island Parrot Cyclopsitta diophthalma coxeni Coxens fig parrot Geopsittacus occidentalis Night Parrot Neophema chrysogaster Orange-bellied Parrot Pezoporus wallicus Ground Parrot Polytelis alexandrae Princess Parrot Psephotus chrysopterygius Golden-shouldered Parrot Psephotus dissimilis Hooded Parrot Psephotus pulcherrimus Paradise Parrot (1922) Stringiformes Strigidae Ninox novaeseelandiae royana Norfolk Island Boobook Owl Ninox squamipila natalis Christmas Island Owl Caprimulgiformes Caprimulgidae Podargus ocellatus plumiferus Plumed Frogmouth Passeriformes Atrichornithidae Atrichornis clamosus Noisy Scrub Bird Maluridae Malurus coronatus Purple-crowned Wren Amytornis dorotheae Dorothys Grass-wren Amytornis textilis textilis Thick-billed Grass-wren Acanthizidae Dasyornis longirostris Western Bristlebird Dasyornis broadbenti littoralis (1940) Rufous Bristlebird Cracticidae Strepera graculina crissalis Lord Howe Island Currawong Timaliidae Psophodes nigrogularis Western Whipbird Pardalotidae Pardalotus quadragintus Forty-spotted Pardalote Zosteropidae Zosterops albogularis Norfolk Island Silvereye Meliphagidae Lichenostomus melanops cassidix Helmeted Honeyeater Manorina melanotis Black-eared Miner Turdidae Drymodes superciliaris colcloughi (1915) Northern Scrub Robin
[Note from the Embassy of Japan, Canberra, to the Department of Foreign Affairs]
II
Embassy of Japan
112 Empire Circuit
Yarralumla ACT 2600
No. 81-024
NOTE VERBALE
The Embassy of Japan presents its compliments to the Department of Foreign Affairs and has the honour to acknowledge the receipt of the latter's Note Verbale No. CH103523 dated 30 April 1981, informing the Embassy that the Government of Australia has determined the species or subspecies of birds in danger of extinction in accordance with the provisions of Article III(2) of the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment.
The Embassy has further the honour to inform the Department that the Government of Japan has also determined the species or subspecies of birds in danger of extinction as listed in the enclosure, in accordance with the relevant provisions of the above-mentioned Agreement.
The Embassy of Japan avails itself of this opportunity to renew to the Department of Foreign Affairs the assurances of its highest consideration.
Canberra
30 April 1981
LIST OF ENDANGERED SPECIES OF BIRDS IN JAPAN
COMMON NAMES SCIENTIFIC NAMES
Short-tailed Albatross Diomedea albatrus
Oriental White Stork Ciconia ciconia boyciana
Japanese Crested Ibis Nipponia nippon
Aleutian Canada Goose Branta canadensis leucopareia
Bonin Buzzard Buteo buteo toyoshimai
Japanese Golden Eagle Aquila chrysaetos japonica
Ryukyu Serpent Eagle Spilornis cheela perplexus
Volcano Islands Peregrine Falcon Falco peregrinus fruitii
Japanese Ptarmigan Logopus mutus japonicus
Japanese Crane Grus japonensis
Nordmann's Greenshank Tringa guttifer
Stejneger's Wood Pigeon Columba janthina stejnegeri
Red-headed Wood Pigeon Columba janthina nitens
Blakiston's Fish-owl Ketupa blakistoni blakistoni
Pryer's Woodpecker or Okinawa Woodpecker Sapheopipo noguchi
Owston's White-backed Woodpecker Dendrocopos leucotos owstoni
Inoue's Three-toed Woodpecker Picoides tridactylus inouyei
Lesser Chinese Bulbul Pycnonotus sinensis orii
Borodino Wren Troglodytes troglodytes orii
Ryukyu Robin Erithacus komadori komadori
Stejneger's Ryukyu Robin Erithacus komadori namiyei
Yaeyama Ryukyu Robin Erithacus komadori subrufa
Amami Ground Thrush Turdus dauma amami
Torishima Bushwarbler Cettia diphone panafidinicus
Japanese Swampwarbler Megalurus pryeri pryeri
Hahajima Honeyeater Apalopteron familiare hahasima
Bonin Islands Japanese Greenfinch Carduelis sinica kittlitzi
Lidth's Jay Garrulus lidthi
HYPERLINK "http://www.austlii.edu.au/au/other/dfat/treaties/1981/6.html" \l "fnB0#fnB0" [1] Instruments of ratification were exchanged at Canberra on 30 April 1981 on which date the Agreement entered into force.