Memorandum of Understanding Relating to the International Convention for the High Seas Fisheries of the North Pacific Ocean, Vancouver, 1990

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The Delegations of the Governments of the United States of America, Canada, and Japan have agreed to record the following, regarding the 1990 fishing season, in connection with the recommendation of April 24, 1990 to amend the Annex (as amended in 1986) to the International Convention for the High Seas Fisheries of the North Pacific Ocean (‘the Convention’), as amended by the Protocol Amending the Convention signed at Tokyo, on April 25, 1978. 1 The Government of Japan will take the necessary measures to ensure the following:

(a) Only Japanese fishing vessels previously licensed in the traditional high seas mothership salmon fishery may conduct fishing operations in the non-traditional landbased fishery. For 1990 fishing effort in area 2a expressed in cumulative tans of gear will not exceed that fished by the mothership fishery in 1988. In area 4, fishing effort expressed in cumulative tans of gear will not exceed the effort authorized for 1990 under the above-mentioned Annex except that fishing effort will be adjusted proportionally in accordance with the 1990 fishing quota. No vessel may fish more than 330 tans (15 kilometers) a day.

(b) Fishing vessels in the non-traditional landbased fishery will fish in organized fleets. One vessel of each fleet will be designated as the commander vessel with a fleet commander on board designating fishing positions for each fishing vessel. Vessels in each fleet will fish in unison as was the past practice employed in the traditional mothership salmon fishery.

(c) Fishing operations in area 2a (defined in paragraph 1(c) of the above-mentioned Annex) will end by July 15. (d) Data associated with each fishing vessel's operations in the non-traditional landbased fishery, including but not limited to location of operation, and total catch will be reported daily to Fisheries Agency of Japan (FAJ) enforcement vessels and the fleet commander. These data will be compiled and provided to the U.S. and Canadian sides through the International North Pacific Fisheries Commission prior to the 1990 annual meeting.

(e) Not less than two FAJ patrol vessels will be deployed in each area where the non-traditional landbased fishery is allowed to operate. The FAJ will invite a U.S. or Canadian enforcement observer on a FAJ patrol vessel for the duration of the fishing season. The status and scope of activities of the observer will be the same as provided for in sub-paragraphs (a) to (d) of paragraph 3 of the MOU on enforcement made at Vancouver, on April 9, 1986. The enforcement observer will be allowed to maintain daily radio contact with his domestic enforcement agency, to have daily access to the fishing operations information reported to the said FAJ patrol vessels pursuant to sub- paragraph (d) of paragraph 2 of the above-mentioned 1986 MOU, and to accompany FAJ inspections of all fishing vessels in the non-traditional landbased fishery, including log book and catch inspection. The FAJ patrol vessels will conduct random boardings so that each fishing vessel in the non-traditional landbased fishery is inspected at sea at least twice during the fishing season.

(f) Before the start of the fishing season, the FAJ will provide the U.S. and Canadian sides with the names and brief description of the fishing vessels participating in the non-traditional landbased fishery, including but not limited to length, horse-power, hold capacity in metric tons, license number, individual vessel quota, and type and quantity of fishing gear carried. Each fishing vessel is to be assigned a license number. This number will be displayed on both sides of the hull in a color in contrast to the background. The number must be in Roman letters and Arabic numerals at least 60 cm in height.

(g) No transfers of catch at sea will be allowed. Only one oil-tanker will be used to provide fuel to the fishing vessels in the non-traditional landbased fishery and it will be required to provide its noonday position on a daily basis to a FAJ patrol vessel deployed in the areas where the non-traditional landbased fishery operates. The oil-tanker is to report to a FAJ patrol vessel before fuel is provided to a fishing vessel in the non-traditional landbased fishery. A FAJ patrol vessel shall monitor fuel provision activities. No resupply operations other than refueling from a tanker will be allowed.

(h) In the area North of 46 degrees North Latitude, between 174 degrees East Longitude and 175 degrees East Longitude, and south of the United States 200 nautical mile-zone, Japanese fishing vessels engaged in the non-traditional landbased fishery will report their location to a FAJ patrol vessel upon entering and departing from this area, as well as at a fixed time every day while the vessel remains in this area.

(i) The FAJ will verify the quantity of fish caught by each fishing vessel engaged in the non-traditional landbased fishery before the vessel departs the fishing grounds to return to Japan and upon landing of the catch in Japan. Each non-traditional landbased fleet will return as a unit accompanied by a FAJ patrol vessel until the fleet enters Japan's 200 mile-zone. Thereafter, each vessel will return directly to one of the ports designated by the FAJ where verification of quantity of fish caught, by species, will be conducted by FAJ enforcement personnel. A U.S. or Canadian enforcement observer will be invited on this patrol vessel for the duration of the patrol vessel's cruise, and will be allowed to accompany FAJ enforcement personnel during verification of fish caught by each vessel and provided access to daily position reports of all fishing vessels in the non-traditional landbased fishery. The Japanese side will provide the U.S. and Canadian sides with appropriate documentation of the verification of fish caught and landed by species, and that all vessels have returned to Japan without delay.

(j) At least ten percent of the fishing vessels engaged in the non-traditional landbased fishery will carry automatic real-time satellite position fixing devices (transmitters). These transmitters will allow automatic, real-time monitoring of the location and identity of each vessel. All costs associated with the purchase, installation, maintenance and operation of the transmitters, and data transmission costs will be borne by the Japanese side. The U.S. and Canadian sides will bear their own costs for data access. Any fishing vessel in the non-traditional landbased fishery with an inoperative transmitter is to be closely monitored by FAJ patrol vessels.

(k) Fishing vessels in the non-traditional landbased fishery are also required to utilize operational Naval Navigational Satellite System (NNSS) devices with recording tapes. Any fishing vessel in the non-traditional landbased fishery with an inoperative NNSS device is to be closely monitored by FAJ patrol vessels.

(l) Collection of biological samples from fishing vessels engaged in the non-traditional landbased fishery will be carried out, to the extent practicable, at the same level as carried out in 1987 for the mothership salmon fishery. The port sampling program will be intensified by the FAJ for the catch of the traditional Japanese landbased salmon fleet, to the extent practicable, to achieve the same sampling level as in the non-traditional landbased fishery. Cooperative research in accordance with Article X of the Convention and the Memorandum of Understanding on Research will be continued on salmonids and marine mammals.

(m) Two U.S. and/or Canadian and two Japanese scientific observers (four observers in total), per fleet, will be given the opportunity to be on board the fishing vessels during the entire fishing season. If the number of vessels in the fleet is drastically reduced in 1990, the U.S., Canadian and Japanese sides will reconsider the number of scientific observers. Details for the arrangements to deploy scientific observers in the non-traditional landbased fishery are contained in the letter from the FAJ to the appropriate agencies of the U.S. and Canada dated May 1, 1990. (n) The costs related to the deployment of observers will be paid by the countries sending such observers.

2 The Government of Japan will take these measures on amendment of the Annex as mentioned above.

3 These arrangements will be reviewed by the three parties after the 1990 season with a view to extending the arrangements for an additional year if they are conducted in a successful manner which is satisfactory to all three parties.

Tokyo, May 15, 1990