Australian Treaty Series 1981 No 6




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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.[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


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