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THE MARINE MAMMAL COMMISSION COMPENDIUM

MULTILATERAL / FISHERIES
Volume(s) 1-3; pages 1206-1208


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Memoranda of Understanding Concerning Salmonid Research and Enforcement of the International Convention for the High Seas Fisheries of the North Pacific Ocean, Vancouver, 1986


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Done at Vancouver 9 April 1986

*( These Memoranda of Understanding were terminated on 21 February 1993.>


Primary source citation: Copy of text provided by the U.S. Department of State


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MEMORANDUM OF UNDERSTANDING

The Delegations of the Governments of the United States of America, Canada and Japan have agreed to record the following in connection with the International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean signed at Tokyo, on April 25, 1978 (hereinafter referred to as ‘the Convention’), in order to further cooperation among the three Contracting Parties concerning the enforcement of the provisions of the Convention.

1. The Government of Japan will take the necessary measures to ensure the following:

(a) At least six Japanese patrol vessels will be assigned to enforce the provisions of the Convention in the Japanese landbased fishery area of which no fewer than three such vessels will be assigned to enforce the eastern limit of that area.

(b) In the area south of 46° North Latitude and between 173° East Longitude and 174° East Longitude any Japanese landbased fishing vessel will report its location to one of the Japanese patrol vessels mentioned in subparagraph 1(a) above when the fishing vessel enters into and departs from the area, as well as at a fixed time every day as long as the vessel stays in the area.

2. The Government of the United States of America and the Government of Japan will take the necessary measures to ensure that enforcement activities of each Government will be conducted on a cooperative basis in the following aspects:

(a) Each Government will notify the other Government of the patrol schedules of its patrol vessels in the Japanese landbased fishery area;

(b) Patrol vessels of either Government in the said area will investigate to the extent possible reports from the other Government of fishery operations conducted in apparent violation of the provisions of the Convention by nationals and fishing vessels of Japan; and

(c) Each Government will report to the other Government any action taken as a result of subparagraph 2(b) above as soon as and to the extent possible without detracting from enforcement activities.

3. The Government of the United States of America and the Government of Japan will each accommodate an observer of the other Government aboard its patrol vessel assigned to enforce the provisions of the Convention along the eastern limit of the Japanese landbased fishery area for a reciprocal period of up to 4 weeks under the following conditions:

(a) Such observer will not exercise any enforcement authority but only observe the enforcement activities of the enforcement officials of the patrol vessel, including accompanying such officials at the time of boarding of salmon vessels of Japan which might occur;

(b) Such observer will be permitted to communicate with his/her parent agency with the consent of the captain of the patrol vessel;

(c) Such observer will comply with instructions of the host enforcement officials under all circumstances; and

(d) Each Government will pay for the costs of its own observer.

Detailed arrangements will be coordinated between the competent authorities of the two Governments.

4. The Government of the United States of America and the Government of Japan will exchange information that will facilitate enforcement activities. Specific communications arrangements such as radio frequencies and signals will be agreed to between designated enforcement officials of the two Governments prior to the beginning of the 1986 landbased salmon fishery season.

5. Should the Government of Canada decide to participate on a reciprocal basis in the cooperative enforcement measures mentioned in paragraphs 2, 3 and 4 above, the Governments of the United States of America, Canada and Japan will consult in order to develop arrangements for such participation.

6. The Government of Japan will report to the International North Pacific Fisheries Commission as soon as possible the results of penalty actions. These reports will identify the vessel (by name, domestic fisheries license number, and hull number), the location (by latitude and longitude), and details of the violation, the penalty imposed, and the fishery (mothership or landbased) in which the vessel was participating.

Vancouver, April 9, 1986

MEMORANDUM OF UNDERSTANDING

The Delegations of the Governments of the United States of America, Canada and Japan have agreed to record the following in connection with the International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean signed at Tokyo on April 25, 1978 (hereinafter referred to as ‘the Convention’), in order to further research studies on anadromous Salmonidae in the Convention area:

1. The Governments of the United States of America, Canada and Japan will ensure that coordinated scientific studies will be conducted under the framework of the Convention to determine accurately the continent of origin of salmonids migrating in the Convention area of the landbased driftnet fishery south of 46° North Latitude so that the movement of the eastern limit of that fishery shall be negotiated no later than the beginning of the 1991 season. These studies are to be initiated with the beginning of the 1986 season and are to be completed within a period of three to five years. These studies should include at least the following methods and features:

(1) The Governments of the United States of America, Canada and Japan will increase efforts for tagging and biological sampling.

The Government of Japan will arrange five Japanese salmon research vessel cruises in the area 38° to 46° North Latitude, between 160° East and 175° West Longitude during May, June, and July of each year assigned to conduct research with regard to increased tagging effort and biological sampling.

The Government of Japan will allow each year no more than two scientists of the Government of the United States of America and/or the Government of Canada, upon the request of the Government of the United States of America and/or the Government of Canada, to board one or two cruises of salmon research vessels arranged by the Government of Japan pursuant to paragraph 1(1)b.

The Government of the United States of America and the Government of Canada undertake to bear expenses incurred in such boardings of their respective scientists.

(2) The Government of Japan will increase efforts through guidance and education of fishermen to recover tagged salmonids, to return recovered tags and to report associated data.

(3) Other studies will be designed to determine the proportions and distributions of Asian and North American origin salmonids in the area south of 46° North Latitude and between 160° East and 175° West Longitude. These studies will be based as far as possible on methodologies jointly agreed upon a priori. These studies will include, but are not limited to:

Scale pattern analyses of sockeye, chum, coho, and chinook salmon and steelhead trout;

Improved collection of adequate (in number and quality) Asian and North American standard scale samples; and

Application of other methods and techniques (such as parasitological and genetic studies, etc.) as jointly deemed appropriate and useful in continent of origin studies.

(4) Annual evaluations and assessments will be conducted to ensure coordination of the studies and to ensure that they are proceeding in a manner which will meet the schedule of the three to five year studies on the continent of origin of salmonids mentioned in this paragraph. The three Governments will adjust their research programs as necessary to meet the schedule.

(5) Accurate catch and fishing effort statistics by species, time and area are essential to the evaluation of studies on continent of origin of salmonids. The Government of Japan will establish an appropriate method to validate the time and location of catch and fishing effort data including the use of location records from the Naval Navigation Satellite System onboard the landbased salmon driftnet fishing vessels and report it to the International North Pacific Fisheries Commission (hereinafter referred to as ‘the INPFC’). The content and success of this program will be reviewed and adjusted, if required, to support the three to five year studies on the continent of origin of salmonids mentioned in this paragraph.

(6) In lieu of paragraph 1(A) of the Memorandum of Understanding, signed at Tokyo on April 25, 1978, the Government of Japan will provide to the INPFC, catch statistics for the landbased driftnet fishery on a ten-day basis by 1° 1° statistical area by species in numbers and tonnage, with corresponding effort in effective standardized tans fished (330 tans/15 km), with summary information on mesh sizes used, within six months of annual termination of the fishery in 1987 and thereafter (as for the catch statistics for 1986, as soon as possible during the three to five year studies on the continent of origin of salmonids mentioned in this paragraph).

2. The Governments of the United States of America, Canada, and Japan will ensure that beginning with the 1986 season:

(1) Research on continent of origin of salmonids in the operating area of the mothership fishery will be continued under the framework of the INPFC with emphasis on the identification of areas of abundance of North American chinook, coho, and chum salmon and steelhead trout; and

(2) Validation of catch and fishing effort data for the mothership fishery will be done under a joint research program of the INPFC utilizing methods mutually agreed upon each year.

Vancouver, April 9 , 1986.