AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA ON THE PROTECTION OF MIGRATORY BIRDS

The Government of the Republic of Korea and the Government of Australia (hereinafter referred to as “the Parties”),

CONSIDERING that birds not only constitute an important element of the natural environment but also play an essential role in enriching the natural environment and that this role may be enhanced by proper management thereof,

RECOGNIZING that many species of birds migrate between and seasonally live in both countries and that there is international concern for the protection of migratory birds;

NOTING the existence of bilateral and multilateral agreements for the protection of migratory birds and their habitats, and the cooperative efforts being made to conserve migratory waterbirds in the East Asian-Australasian Flyway,

CONVINCED that cooperation between the Parties is essential for the conservation of these birds, and

DESIRING to cooperate in taking measures for the management and protection of migratory birds and their habitat and the prevention of the extinction of certain birds,

Have agreed as follows:

ARTICLE 1

1. For the purposes of this Agreement, the term “migratory birds” means the species and subspecies of birds for which there is reliable evidence of migration between the two countries.

2. 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, which shall form an integral part of this Agreement, and all references to the Agreement shall include references to the Annex.

3. This Agreement may be amended by the mutual written consent of the Parties.

ARTICLE 2

1. Each Party shall prohibit the taking of migratory birds and their eggs except in the following cases and in accordance with the laws and regulations in force in each country:

(a) for scientific, educational, propagative or other specific purposes not inconsistent with the objectives of this Agreement;

(b) for protecting persons or property;

(c) for hunting during hunting seasons or on hunting grounds established in accordance with paragraph 3 of this Article; and

(d) for hunting and gathering of specified migratory birds or their eggs by the inhabitants of specified 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 the adequate preservation of the species is not prejudiced.

2. Each Party shall prohibit any sale, purchase or exchange of migratory birds or their eggs, whether they are alive or dead, or of the products thereof or their parts, except those taken in accordance with paragraph 1 of this Article.

3. Each Party may establish seasons and define hunting grounds for hunting migratory birds, taking into account the maintenance of annual reproduction required for the survival of those birds.

ARTICLE 3

1. The Parties shall encourage the exchange of data and publications regarding research on migratory birds.

2. Each Party shall encourage the formulation of joint research programs on migratory birds.

3. Each Party shall encourage the conservation of migratory birds.

4. Each Party shall encourage the formulation of joint programs to raise awareness of migratory bird conservation.

ARTICLE 4

Each Party shall endeavour to manage and conserve the habitat of migratory birds through activities such as the designation of conservation areas in its territory.

ARTICLE 5

Each Party shall endeavour to take the appropriate measures to conserve and improve the environment of birds protected under Article 1 of this Agreement. In particular, it shall:

(a) seek means to prevent damage to such birds and their environment;

(b) endeavour to take measures to control the impact of invasive animals and plants on the conservation of such birds and their environment; and

(c) endeavour to participate in regional cooperative activities for the conservation of migratory birds in the Asia-Pacific region.

ARTICLE 6

1. Each Party shall take measures necessary to serve the purposes of this Agreement.

2. The Parties may hold conferences and make mutual visitations, if necessary, for their joint work to protect migratory birds.

ARTICLE 7

Upon the request of either Party, both Parties shall hold consultations regarding the operation of this Agreement.

ARTICLE 8

1. This Agreement shall enter into force on the day upon which both Parties have notified each other, in writing, that their respective legal requirements for the entry into force of this Agreement have been complied with.

2. This Agreement shall be in force for a period of fifteen years and remain in force thereafter until the first anniversary of the date on which either Party notifies the other in writing of its desire to terminate the Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

Done in duplicate at Canberra, on this sixth day of December two thousand and six, in the English and Korean languages, both texts being equally authentic.

Annex

List of the Birds Species in accordance with the Article 1 of the Agreement