Memorandum of Understanding Between the Government of the United States of America and the Government of Japan Concerning the Incidental Take of Dall's Porpoise (Phocoenoides dalli) with Regard to the International Convention on High Seas Fisheries of the North Pacific Ocean, Washington, 1978

*( This Memorandum of Understanding was concluded with the 1978 Protocol to the 1952 International Convention for the High Seas Fisheries of the North Pacific Ocean (see Volume II, page 1198). It was terminated on 21 February 1993.>

Entered into force 15 February 1979

Primary source citation: 30 UST 1161, TIAS 9242

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The Delegations of the Government of the United States of America and the Government of Japan have agreed to record the following in connection with Article X of and Paragraph 1. (c) of the Annex to 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 this day (hereinafter referred to as ‘the Convention’).

1. The Government of Japan will provide the following statistical data to the Government of the United States of America within six months of annual termination of the fishery:

A. For the land-based driftnet salmon fishery in the waters east of 160 degrees East Longitude, number of Dall porpoise (Phocoenoides dalli), taken by 2° x 5° INPFC statistical area and 10-day period.

B. For the mothership gillnet salmon fishery, number and species of marine mammals, particularly Dall porpoise, taken by 1° x 1° statistical area and 10-day period.

2. The Government of Japan will provide:

A. By January 1, 1979, available past incidental catch data for all classes of research vessels, to the extent possible by 2° x 5° INPFC statistical area and 10-day period with corresponding effort in tans fished and metric tons of salmon harvested.

B. Within six months of annual termination of the Japanese salmon fishery, incidental catch data for all classes of research vessels by 2° x 5° INPFC statistical area and 10-day period with corresponding effort in tans fished and metric tons of salmon harvested.

3. Scientists of the Government of the United States of America and the Government of Japan will independently or jointly study data on incidental catch of Dall porpoise per tan of gillnet and incidental catch per ton of salmon harvested, with a view to determining suitability of such data as indices of Dall porpoise abundance, and biological data and samples of Dall porpoises collected by the Japanese salmon fishery and research vessels to develop the information on life history, stock differentiation, status and trends.

4. Scientists of the Government of the United States of America and the Government of Japan will consult with regard to the research programs of Japanese salmon research vessels including sighting surveys on Dall porpoises, with a view to developing the most effective program to determine the status and trends of their populations. They will also consult on methods to reduce or eliminate their incidental catch in the Japanese mothership gillnet salmon fishery pursuant to the provisions of Paragraph 1. (c) of the Annex to the Convention. The first such consultation will be held prior to the 1978 Japanese salmon fishing season.

5. Scientists of the Government of the United States of America and the Government of Japan will conduct for the period ending June 9, 1981, annual sighting surveys on Dall porpoises on Japanese salmon research vessels operating in the Convention area with a view to obtaining adequate sighting data to provide estimates of abundance. The sighting data collected will include, inter alia, time of observation, location, number seen, distance and direction from vessel, sea state, wind direction and strength, and visibility.

6. The Government of Japan intends to allow for the period ending June 9, 1981, up to two scientists of the Government of the United States of America on board each of no less than three salmon research vessels of the Government of Japan for the studies on Dall porpoise. Scientists of the Government of the United States of America may be accepted on board additional Japanese salmon research vessels. The Government of the United States of America will bear expenses incurred in such boarding of scientists.

7. Scientists of the Government of the United States of America will analyze the Dall porpoise sightings data collected by its Pelagic Fur Seal Investigations and, as possible, by other sources to develop information on stock differentiation, distribution and abundance in the eastern North Pacific Ocean.

8. To obtain adequate specimen material for biological studies:

A. The Government of Japan will ensure for the period ending June 9, 1981, that nationals and fishing vessels of Japan conducting salmon fishery operations within the United States fishery conservation zone make every effort to return to the motherships, where feasible, all Dall porpoises captured incidentally by gillnets of the Japanese salmon fishery for collection of biological data and samples. In this connection, the Government of Japan will require that accurate records be kept of the number of Dall porpoises captured but not returned to the mothership and the circumstances preventing their return. The Government of Japan will ensure for the above-mentioned period that the scientists of the Government of the United States of America accepted pursuant to the provisions of Paragraph 1. (c) of the Annex to the Convention on board each mothership operating within the United States fishery conservation zone be allowed to collect appropriate marine mammal data. It is understood that the total number of scientists of the Government of the United States of America on board each mothership will, in any case, be no more than two.

B. The Government of Japan intends to take appropriate measures for the period ending June 9, 1981, to collect biological data and samples from Dall porpoises captured incidentally by the Japanese mother ship gillnet salmon fishery in the areas specified in Paragraph 1. (a) and (b) of the Annex to the Convention, with a view to obtaining a representative sample of Dall porpoises captured incidentally in these areas.

9. A. Scientists of the Government of the United States of America will examine the acoustic characteristics of gillnets and of the Dall porpoise in an effort to determine appropriate gear modifications that contribute to reducing incidental mortality.

B. Scientists of the Government of Japan will review past research data to determine if variations in gear resulted in reduced incidental catch rates.

C. Scientists of the Government of Japan will conduct field trials of proposed gear modifications to determine their usefulness in reducing incidental catches when a program is mutually agreed upon between scientists of the Government of the United States of America and the Government of Japan.

10. The Government of Japan intends to ensure that cooperative Dall porpoise research be conducted with use of an appropriate Japanese vessel not later than the 1979 salmon fishing season, unless it is agreed that such research can be accomplished in another manner.

FOR THE DELEGATION OF THE UNITED STATES OF AMERICA:

FOR THE DELEGATION OF JAPAN: