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, Washington, 1991

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May 29, 1991

His Excellency Hong-Choo Hyun, Ambassador of the Republic of Korea.

Excellency:

I have the honor to refer 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, signed at Washington on July 26, 1982, as amended and extended (hereinafter referred to as ‘the Agreement’) and due to expire on July 1, 1991. Noting the desire by the United States to address cooperatively with Korea the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing, as well as concerns about the burgeoning fishery for pollock in the central Bering Sea area, I have the honor to propose that, in accordance with the provisions of Article XVI, the Agreement be extended until December 31, 1993. I have the honor to propose that the Agreement be further amended as follows:

1. In Article II, paragraph 1, delete ‘(except highly migratory species),’.

2. In Article II, delete existing paragraph 2 in its entirety and replace it with:

‘2. ‘fish’ means all finfish, molluscs, crustaceans, and other forms of marine animal and plant life, other than marine mammals and birds;’

3. In Article II, at the end of subparagraph 6. b., add the word ‘and’, delete paragraph 7 and renumber the present paragraph 8 as paragraph 7. 4. In Article IV, paragraph 7, delete ‘; and’ and replace with ‘;’.

5. In Article IV, add a new paragraph 8 as follows:

‘8. whether, and to what extent, such nations are cooperating with the United States in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea; and’

6. In Article IV, renumber existing paragraph 8 as new paragraph 9 and insert the words ‘Government of the’ before ‘United States’.

7. In Article XII, add a new paragraph 5 as follows:

‘5. The Government of the Republic of Korea shall cooperate with the Government of the United States of America in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea.’

I have the further honor to propose that, if these proposals are acceptable to the Government of the Republic of Korea, this Note and the Embassy's Note in reply to that effect shall constitute an Agreement between the two Governments, which will enter into force on a date to be agreed upon in a subsequent exchange of diplomatic notes between the two Governments following the completion of necessary internal procedures.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Secretary of State: David A. Colson

EMBASSY OF THE REPUBLIC OF KOREA Washington, D.C. June 19, 1991

Excellency,

I have the honour to acknowledge receipt of Your Excellency's Note of May 29, 1991 which reads as follows:

‘I have the honour to refer 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, signed at Washington on July 26, 1982, as amended and extended (hereinafter referred to as ‘the Agreement’) and due to expire on July 1, 1991. Noting the desire by the United States to address cooperatively with Korea the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing, as well as concerns about the burgeoning fishery for pollack in the central Bering Sea area, I have the honor to propose that, in accordance with the provisions of Article XVI, the Agreement be extended until December 31, 1993. I have the honor to propose that the Agreement be further amended as follows:

1. In Article II, paragraph 1, delete ‘(except highly migratory species),’

2. In Article II, delete existing paragraph 2 in its entirety and replace it with:

‘2. ‘fish’ means all finfish, molluscs, crustaceans, and other forms of marine animal and plant life, other than marine animals and birds;’

3. In Article II, at the end of subparagraph 6.b., add the word ‘and’, delete paragraph 7 and renumber the present paragraph 8 as paragraph 7. 4. In Article IV, paragraph 7, delete ‘; and’ and replace with ‘;’.

5. In Article IV, add a new paragraph 8 as follows:

‘8. whether, and to what extent, such nations are cooperating with the United States in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea; and’

6. In Article IV, renumber existing paragraph 8 as new paragraph 9 and insert the words ‘Government of the’ before the ‘United States’.

7. In Article XII, add a new paragraph 5 as follows:

‘5. The Government of the Republic of Korea shall cooperate with the Government of the United States of America in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/255 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea.’

I have the further honor to propose that, if these proposals are acceptable to the Government of the Republic of Korea, this Note and Your Excellency's Note in reply to that effect shall constitute an Agreement between the two Governments, which will enter into force on a date to be agreed upon in a subsequent exchange of diplomatic notes between the two Governments following the completion of necessary internal procedures.’

I have the honour to inform you that the extension of the Agreement between the Government of the Republic of Korea and the Government of the United States of America concerning Fisheries off the coasts of the United States signed at Washington on July 26, 1982, as amended and extended, until December 31, 1993 and the amendments proposed above are acceptable to the Government of the Republic of Korea and to confirm that Your Excellency's Note and this Note in reply shall constitute an agreement between the two Governments, which will enter into force on a date to be agreed upon in a subsequent exchange of diplomatic notes between the two Governments following the completion of necessary internal procedures.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Ambassador: Ki Ho Chang

EMBASSY OF THE REPUBLIC OF KOREA WASHINGTON, D.C. June 25, 1991

KAM 91/106

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 refer to the Agreement between the Government of the Republic of Korea and the Government of the United States of America concerning Fisheries off the Coast of the United States, signed July 26, 1982 and amended and extended by Exchange of Notes at Washington, May 29 and June 19, 1991, under the terms of this Agreement.

The Embassy has further the honor to notify that the said Agreement shall enter into force following written notification of the completion of internal procedures of both governments, and be effective from July 1, 1991. The Embassy of the Republic of Korea hereby confirms that the Republic of Korea has completed the necessary internal procedures. Accordingly the said Agreement shall enter into force on the date of written notification of the completion of internal procedures of the Government of the United States of America, and be effective from July 1, 1991. The Embassy of the Republic of Korea avails itself of this opportunity to renew to the Department of State of the United States of America the assurances of its highest consideration.

[Initials] [Seal]

Department of State Washington

November 26, 1991

The Department of State refers to the Agreement amending and extending the Agreement of July 26, 1982 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, as amended and extended, effected by exchange of notes at Washington, dated May 29 and June 19, 1991. The Department of State wishes to acknowledge receipt of the Government of the Republic of Korea note No. KAM 91/106 dated June 25, 1991 informing the Government of the United States of America that the internal procedures of the Government of the Republic of Korea have been completed. The Department further wishes to inform the Government of the Republic of Korea that the Government of the United States of America has completed its necessary internal procedures for entry into force and confirms that the Agreement shall enter into force on the date of this note, effective from July 1, 1991.