Amendment to the Agreement Between the Government of the United States of America and the Government of the Republic of Korea Concerning Fisheries off the Coasts of the United States, Seoul, 1987

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EMBASSY OF THE UNITED STATES OF AMERICA Seoul

May 11, 1987

No. 225

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Korea and has the honor to draw to the attention of the Government of the Republic of Korea the Governing International Fishery Agreement between the Government of the United States of America and the Government of the Republic of Korea signed at Washington, D.C. on July 26, 1982, which will expire on July 1, 1987 by its own terms. The Department proposes that the agreement be extended until July 1, 1989 and that it be amended as follows:

1)

Amend paragraph 3 of the preamble to read: ‘Recognizing that the United States has established by presidential proclamation of March 10, 1983 an exclusive economic zone within 200 nautical miles of its coasts within which the United States has sovereign rights to explore, exploit, conserve and manage all fish and that the United States also has such rights over the living resources of the continental shelf appertaining to the United States and to anadromous species of fish of United States origin;’

2) Amend paragraph 7 of the preamble to read: ‘Desirous of establishing reasonable terms and conditions pertaining to fisheries of mutual concerns over which the United States has sovereign rights to explore, exploit, conserve and manage;’

3) Amend Article I by inserting a comma after ‘off the coasts of the United States’ and the phrase ‘to facilitate the rapid and full development of the United States fishing industry,’ and replacing the words ‘exercises exclusive management authority’ with the words ‘has sovereign rights to explore, exploit, conserve, and manage’

4) In Article II, paragraph 1, replace the words ‘exercises exclusive fishery management authority’ with the words ‘has sovereign rights to explore, exploit, conserve, and manage’, and where the words ‘fishery conservation zone’ appear, replace them with the words ‘exclusive economic zone’

5) In Article II, paragraph 4, replace the phrase ‘fishery conservation zone’ with ‘exclusive economic zone’

6) In Article III, paragraph 2, replace the phrase ‘necessitated unforseen circumstances affecting stocks’ with the phrase ‘appropriate’

7) In Article IV, paragraph 1, replace the phrase ‘of United States fish or fishery products’ with ‘of both United States fish and fishery products, particularly fish and fishery products for which the foreign nation has requested an allocation;’

8) In Article IV, Paragraph 2, replace the present text with the following: ‘whether, and to what extent such nation is cooperating with the United States in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors, and advancement of fisheries trade through the purchase of fish and fishery products from United States fisherman, particularly fish and fishery products for which the foreign nation has requested an allocation;’

9) In Article IV, paragraph 4, replace the words ‘fishery conservation zone’ with the words ‘exclusive economic zone’

10) In Article VI, paragraph 1, replace the words ‘exercise exclusive fishery management authority’ with the words ‘has sovereign rights to explore, exploit, conserve, and manage’

11) In Article VII, where the words ‘fishery conservation zone’ appear, replace them with the words ‘exclusive economic zone’

12) In Article VII, before the final sentence, insert the following: ‘While such fees shall be applied without discrimination, the fee level may vary depending upon, inter alia, whether in the judgment of the United States vessels or nationals of the Republic of Korea are harvesting United States origin anadromous species at unacceptable levels, or whether the Republic of Korea is taking insufficient action to benefit the conservation and development of United States fisheries.’

13) In Article VIII, replace the words ‘fishery conservation zone’ with the words ‘exclusive economic zone’

14) In Article IX, paragraph 4, replace the words ‘exercises exclusive fishery management authority’ with the words ‘has sovereign rights to explore, exploit, conserve and manage’

15) In Article X, replace the words ‘fishery conservation zone’ with the words ‘exclusive economic zone’ and the words ‘subject to the exclusive fishery management authority of the United States’ with the words ‘over which the United States has sovereign rights to explore, exploit, conserve, and manage’

16) In Article XII, paragraph 1, replace the words ‘subject to the exclusive management authority of the United States’ with the words ‘over which the United States has sovereign rights to explore, exploit, conserve, and manage’

17) In Article XII, paragraph 3. replace the words ‘fishery conservation zone’ with the words ‘exclusive economic zone’

18) In Article XII, paragraph 4, at the end of the paragraph add the following sentence, ‘The Republic of Korea shall similarly provide such economic data as may be requested by the United States.’

19) In Article XIV, replace the words ‘fishery conservation zone’ with the words ‘exclusive economic zone’

20) In the opening paragraph of the annex, replace the words ‘exercises exclusive fishery management authority’ with the words ‘has sovereign rights to explore, exploit, conserve, and manage’

21) In the agreed minutes, amend paragraph 5 to read

‘5. The representative of the Government of the United States informed the representative of the Government of the Republic of Korea that Article XI (1) applies to crews as well as to vessel owners and operators, and that the commitment in Article XI (3) to recommend that imprisonment not be imposed as a penalty for violation of fishery regulations does not apply in the case of enforcement related offenses such as assault on an environment officer or an observer or refusal to permit boarding and inspection.’

22) In the agreed minutes, add a new paragraph to read:

‘9. The representative of the Government of the Republic of Korea and the representative of the Government of the United States expressed their understanding that the economic data referred to in Article XII (4) does not include confidential business information regarding individual Korean companies.’

The Embassy proposes that if the extension and the amendments set out in this note are acceptable to the Government of the Republic of Korea, this note and the Government of the Republic of Korea's note in reply to that effect shall constitute an agreement between the Government of the United States of America and the Government of the Republic of Korea amending the Governing International Fishery Agreement between the two countries and extending that agreement until July 1, 1989. This agreement shall enter into force following written confirmation of the completion of the two countries' internal procedures.

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs the assurances of its highest consideration.

MINISTRY OF FOREIGN AFFAIRS REPUBLIC OF KOREA Seoul

May 20, 1987

OGT-418

The Ministry of Foreign Affairs of the Republic of Korea presents its compliments to the Embassy of the United States of America and has the honor to acknowledge the receipt of the latter's Note No. 225 dated May 11, 1987, which reads as follows:

[For text of the U.S. note, see page 3232.]

The Ministry of Foreign Affairs has the honor to inform the Embassy of the United States of America that the foregoing proposals are acceptable to the Government of the Republic of Korea and to confirm that the latter's Note and this Note in reply thereto shall constitute an agreement between the Government of the Republic of Korea and the Government of the United States of America amending the Governing International Fishery Agreement between the two countries and extending that agreement until July 1, 1989, which shall enter into force following written confirmation of the completion of the two countries' internal procedures.

The Ministry of Foreign Affairs of the Republic of Korea avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

Department of State Washington

October 20, 1987

The Department of State refers to the Governing International Fishery Agreement between the Government of the United States and the Government of the Republic of Korea Concerning Fisheries off the Coast of the United States, signed July 26, 1982 and amended and extended by an exchange of notes in Seoul on May 31, 1987. Under the terms of this agreement, it shall enter into force following written notification of the completion of internal procedures of both Governments.

The Department of State hereby confirms that the United States has completed the necessary internal procedures. Consequently the agreement to extend and amend the Governing International Fishery Agreement shall enter into force on the date of written notification of the completion of internal procedures of the Government of the Republic of Korea.

Washington, D.C. October 27, 1987

KAM 87/170

The Embassy of the Republic of Korea presents its compliments to the Department of State of the United States of America and has the honour to acknowledge the receipt of the latter's note dated October 20, 1987 with regard to the entry into force of the Governing International Fishery Agreement between the Government of the Republic of Korea and the Government of the United States of America, signed at Washington D.C. on July 26, 1982 and amended and extended by an exchange of notes in Seoul on May 20, 1987. The Embassy has further the honour to notify that the Korean side has also completed the necessary internal procedures. Accordingly, the Embassy confirms that the said agreement shall enter into force on the date of this Embassy's note in accordance with the terms of the agreement.

The Embassy of the Republic of Korea avails itself of this opportunity to renew to the Department of States of the United States of America the assurances of its highest consideration.

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