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THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / KOREA REPUBLIC OF
Volume(s) 1-3; pages 3242-3252


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Agreement Between the Government of the United States of America and the Government of the Republic of Korea on the Korean Squid Driftnet Fisheries for the 1989 and 1990 Fishing Seasons, Washington, 1989*( This Agreement expired on 31 December 1990.>


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Done at Washington 8, 13, and 26 September 1989 and 2 October 1989 Entered into force 26 September 1989*


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


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NATIONAL FISHERIES ADMINISTRATION REPUBLIC OF KOREA

September 8, 1989

Ambassador Edward E. Wolfe Deputy Assistant Secretary Oceans and Fisheries Affairs Ocean, International Environmental and Scientific Affairs United States Department of State Washington, D.C. 20850

Mr. James W. Brennan Assistant Administrator for Fisheries U.S. Department of Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service 1335 East-West Highway, Room 9334 Silver Spring, Maryland 20910

Dear Ambassador Wolfe and Mr. Brennan:

Taking into consideration U.S. concern over the preservation of U.S. origin salmon in the North Pacific Ocean, I am pleased to inform you that my office will take appropriate measures for the masters of Korean driftnet fishing vessels to conduct fishing operations in accordance with ‘A Directive for the Protection of Salmon, Marine Mammals and Seabirds in the Pacific Ocean,’ in the area west of 160 degrees E longitude of the North Pacific Ocean, while maintaining the patterns of fishing area and effort of recent years.

I hope that this type of measure will alleviate the concern you expressed during our recent talks in Washington, D.C. Sincerely, Hee Soo Lee Deputy Administrator

NATIONAL FISHERIES ADMINISTRATOR REPUBLIC OF KOREA

September 8, 1989

Ambassador Edward E. Wolfe Deputy Assistant Secretary Oceans and Fisheries Affairs Ocean, International Environmental and Scientific Affairs United States Department of State Washington, D.C. 20850

Mr. James W. Brennan Assistant Administrator for Fisheries U.S. Department of Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service 1335 East-West Highway, Room 9334 Silver Spring, Maryland 20910

Dear Ambassador Wolfe and Mr. Brennan:

Recalling the general principle of international law that high seas fisheries shall be conducted and managed under the responsibility and initiative of the flag state and in light of the U.S. concern about the possible incidental taking of the U.S. origin anadromous species of fish by driftnet vessels in the high seas of the North Pacific Ocean, I wish to inform you that the Korean Government will implement the attached Regulatory Program and Monitoring Program on the Korean squid driftnet fishery for the fishing seasons of 1989 and 1990. Sincerely, Hee Soo Lee Deputy Administrator

Enclosures: Annex I Annex II

ANNEX I REGULATORY PROGRAM OF THE REPUBLIC OF KOREA ON THE KOREAN SQUID DRIFTNET FISHERIES FOR THE 1989 AND 1990 FISHING SEASONS

The Government of the Republic of Korea adopted regulatory measures in 1984, which have been intensified as of July 1, 1989 as follows:

1. No driftnet vessel may operate in the North Pacific without a license issued by the appropriate Korean authorities. (No more than 160 driftnet vessel licenses will be issued in 1990).

2. Fishing grounds are limited by time and area.

3. Driftnet vessels are prohibited from retaining anadromous species, even those taken incidentally.

4. Nets may not be discarded.

5. Vessels must display name, registration number, and hull number.

6. Mesh size is restricted to 86 mm or larger.

7. Fishing gear must be marked for identification.

8. Vessels must report weekly their daily noon positions.

9. Vessels must submit catch and effort data.

10. Catch may be landed only at designated ports, and vessels must be inspected upon landing.

11. Catch may be transferred at sea only with prior approval.

I.

No driftnet vessel may harvest anadromous species of fish. Any anadromous species of fish incidentally taken in the driftnet fishery are to be immediately returned to the water and included in catch records outlined in Annex II, Paragraph 10(a). All Korean driftnet vessels are to adhere to the following while operating in the North Pacific Ocean beyond national 200-mile zones.

(a) Each squid driftnet vessel seeking to operate in the North Pacific Ocean will have a license issued by the appropriate Korean authorities.

(b) Each squid driftnet vessel will report to the appropriate Korean authorities when it begins and ceases its seasonal fishing operations on the fishing grounds.

(c) Except for transiting from Korea to the squid fishing grounds and returning to Korea, each driftnet vessel is permitted to conduct activities only in the area west of 145 degrees W longitude and south of the following monthly northernmost latitudinal lines of the fishery:

For the area between 160 degrees E and 170 degrees E longitude:

January through April Latitude 36 degrees N

May Latitude 38 degrees N

June Latitude 40 degrees N

July Latitude 42 degrees N

August Latitude 44 degrees N

September Latitude 46 degrees N

October Latitude 44 degrees N

November Latitude 42 degrees N

December Latitude 40 degrees N

For the area between 170 degrees E and 145 degrees W longitude:

December through April Closed to fishing

May Latitude 37 degrees N

June Latitude 40 degrees N

July Latitude 42 degrees N

August Latitude 44 degrees N

September Latitude 46 degrees N

October Latitude 44 degrees N

November Latitude 42 degrees N

(d) Before the end of 1989, ten percent of Korean driftnet vessels will be equipped with transmitter equipment that will allow automatic, real-time monitoring by both parties of the location of Korean driftnet vessels (identified here as transmitters). Before the beginning of the 1990 fishing season, all remaining driftnet vessels will be equipped with transmitters before the vessels operate in the North Pacific Ocean. The U.S. authorities will assist the Korean authorities in procuring the transmitters. Representatives of both sides will meet as soon as possible to discuss technical matters on transmitter installation. All costs associated with the purchase, installation, and operation of the transmitters will be borne by the Korean side.

(e) All marine resources harvested by Korean driftnet vessels must be landed in designated Korean ports. The appropriate Korean authorities will continue a port inspection program to monitor landings from all driftnet vessels and squid transport vessels at all designated Korean ports. The following conditions will apply to at-sea transfers:

(1) Catches may only be transferred to vessels managed by Korean companies. Before the beginning of the 1990 fishing season, all such transport vessels operating in the North Pacific must be equipped with transmitters monitored by both parties;

(2) Korean authorities will provide U.S. authorities with a list of the transport vessels;

(3) The transport vessels, after receiving transfers from squid driftnet vessels in the North Pacific fishing grounds, will navigate directly to the designated Korean ports;

(4) When a transport vessel intends to carry on an at-sea transfer, prior permission must be obtained from the appropriate Korean authorities. These authorities will promptly forward this information to the appropriate U.S. authorities prior to transfer;

(5) Detailed records will be kept by all squid transport vessels in connection with the at-sea transfers they carry on, including the name of the fishing vessel from which the transfer is received and the quantity of squid. Upon return of the transport vessel to the designated Korean port, the vessel will immediately report to the competent Korean authorities for inspection.

(f) Each driftnet vessel will be assigned an international radio call sign (IRCS), which is to be displayed amidships on both the port and starboard sides of the deckhouse or hull, and on a weather deck, in a color in contrast to the background and permanently affixed to the vessel in block Roman alphabet letters and Arabic numerals at least one meter in height. Where the vessel size and/or configuration do not permit display of one meter high letters and numerals, the letters and numerals shall be as large as possible, but no less than 50 centimeters in height.

(g) Each driftnet vessel is to use methods to identify the driftnet gear it deploys by permanently marking at each 50 meter interval of net with the name of the vessel and its corresponding IRCS call sign. Vessels must be prohibited from discarding used or damaged driftnets and related gear while at sea. Such fishing equipment is to be stowed on the vessel and returned to port for proper disposal upon completion of the vessel's voyage. The location, date, and amount of lost fishing gear must be reported to the appropriate Korean authorities.

II. With regard to Paragraph I(a) of this Annex, the Korean authorities will provide U.S. authorities with a list of licensed vessels, sample photographs, and a brief standard description of characteristics and configurations which would readily identify the different types of Korean driftnet vessels.

III. Korean authorities will conduct surveillance and boardings of Korean driftnet vessels, both dockside and at sea. The appropriate Korean and U.S. authorities will coordinate communications between their respective patrol units. At a minimum, the Korean authorities will provide a continuous presence of one dedicated patrol vessel on the fishing grounds during the 1990 fishing season, and two dedicated patrol vessels during June, July and August.

IV. Korea and the United States may exchange their appropriate officials to facilitate their respective enforcement and surveillance activities of the driftnet fishery. These exchanges may include:

(a) participation by the appropriate U.S. officials on Korean enforcement cruises;

(b) participation by the appropriate Korean officials on U.S. surveillance flights.

V. Korean authorities will adopt sanctions to punish violations of the above regulations adequately. Korean authorities will provide the appropriate U.S. authorities with planned regulatory activities before the fishing season begins. Korean authorities will provide an outline of Korean regulatory activities at the end of the fishing season on the patrols conducted, violations detected, and sanctions imposed. The outline of Korean regulatory activities will include valuations of non-monetary sanctions such as suspended licenses or mandatory in-port periods.

VI. Korean authorities will utilize to the maximum extent the information supplied by U.S. authorities indicating alleged violations by the Korean squid driftnet fishing and transport vessels in investigation and identification of the violator.

ANNEX II MONITORING PROGRAM OF THE REPUBLIC OF KOREA ON THE KOREAN SQUID DRIFTNET FISHERIES FOR THE 1989 AND 1990 FISHING SEASON

The arrangements described below represent a monitoring program to be implemented in cooperation with U.S. scientists intended to provide information on Korean driftnet fishery operations and catches in the North Pacific Ocean. Under this program, the Korean Government will require each driftnet vessel to collect data on catches of target and non-target species, and Korean and U.S. scientific observers will be deployed on Korean driftnet vessels. The following paragraphs outline the process for collecting, handling and providing data by Korean and U.S. scientific observers aboard Korean commercial driftnet vessels and by Korean vessels.

1. Monitoring During the 1989 Fishing Season: The Korean Government will invite a scientific observer of the United States aboard a driftnet vessel. The observer will have the opportunity to observe approximately 45 driftnet retrievals.

2. Monitoring During the 1990 Fishing Season: The Korean Government will implement a cooperative monitoring program with the United States in 1990 with the objective of obtaining statistically reliable data on the catch of target and non-target species by Korean driftnet fisheries in the North Pacific Ocean. The Korean Government will provide the names of a sufficient number of vessels which are fully seaworthy and equipped to maintain the health and safety of scientific observers who will participate in the 1990 monitoring programs. The 1990 program will include the following:

(a) At least 13 U.S. and 13 Korean scientific observers will be deployed aboard 26 Korean commercial driftnet vessels for at least 45 days each to observe 45 or more driftnet retrievals on each vessel;

(b) The Korean Government will make efforts to seek funding for 1990 for a vessel that would move among the driftnet fleet during three summer months of the fishing season. The vessel would carry two U.S. and two Korean scientific observers. The scientific observers would be deployed from this platform on a series of Korean driftnet commercial fishing vessels to observe a few driftnet retrievals on each vessel.

3. Data collected by the scientific observers will include for each set:

(a) Information on fishing methods including net mesh sizes, method of net deployment, depth of the top of the net from the water surface, total net depth, direction of the set, length of a pok of net, number of poks per net section, number of net sections deployed per net set, and poks of net lost.

(b) Environmental conditions including: surface water temperatures at the beginning and ending of net deployment, weather conditions (air temperature, wind speed and direction, and visibility), and oceanographic conditions (sea state, swell direction and height, CTD casts (when possible), etc.).

(c) Date and location of net at time of the start of retrieval to nearest minute of latitude and longitude.

(d) Dropouts, catches and take of salmonids, marine mammals, seabirds, albacore, and other marine species of mutual interest shown in Appendix A shall be recorded for each net section, except for the target species which will be recorded by three categories (low, medium, and high abundance) for each continuous net section observed with the estimated numbers of product weight for the set to be provided by the host vessels.

(e) Any other data and information which are jointly agreed to.

4. All data identified in paragraph 2 will be recorded daily onto a data form. These forms will be duplicated and exchanged between the parties within 30 days after the Korean and U.S. scientific observers disembark the host vessels.

5. Total catch and fishing effort of the driftnet fleet stratified by month and 1 X 1 degree statistical areas will be provided to the U.S. authorities within six months or less following the closing of the fishing season. Three measures of effort are to be reported for each strata: the cumulative number of standardized poks, number of vessels fishing and vessel days of operation.

6. Using 1990 observer data and any other pertinent data such as logbook data which is acceptable to both sides, the appropriate organizations of the two sides will jointly produce a preliminary data summary of average catch rates of species identified in Appendix A by April 1, 1991. To facilitate the production of the preliminary data summary, Korean and U.S. scientists will meet at an agreed upon location. A report, which includes the data summary and which reviews all the data identified in paragraph 2 collected by Korean and U.S. scientific observers during 1990, will be jointly produced by June 30, 1991. If there are disagreements between the two sides pertaining to either the data summary or report, the differences will be presented therein.

7. All observed field data per set will not be opened to the public. The summary review and the final report of the observations made by the scientific observers will not be opened to the public until their completion as specified in paragraph 6. 8. Scientists from both sides will consult as soon as practical to determine logistical arrangements necessary to implement the 1989 program outlined above. These arrangements will include, inter alia , the selection of the host fishing vessel, probable fishing areas and periods of observation, and the schedule of transport vessels used to embark and disembark the observer. The representatives of Korea will meet the representatives of the United States in early 1990 and complete logistical arrangements for the 1990 observer program by February 28, 1990. 9. The scientific observers will take all reasonable measures to ensure a minimum interference to the fishing activities of the host vessels.

10. The Korean Government will require squid driftnet vessels operating in the North Pacific Ocean to gather and report catch data as follows:

(a) Each driftnet vessel must maintain monthly records of harvests of target species, incidental takes of anadromous species, marine mammals, seabirds, and other living marine resources, and fishing effort, delineated by 1 degree latitude and 1 degree longitude areas, and provide such fishery records to the appropriate Korean authorities at the end of the fishing season.

(b) Each driftnet vessel must validate the time and the location of catch and fishing effort, including the use of location records from an automatic navigation system, and will report such data to the appropriate Korean authorities. Driftnet vessels with Naval Navigation Satellite System (NNSS) equipment capable of printing a record of location will be required to record their daily noon position on printed tape.

11. Korean authorities will compile the data specified in paragraph 10(a) within six months of the annual termination of fishery operations so that both sides may cooperatively monitor scientific and enforcement aspects of the fishery. Korean authorities will compile the data specified in paragraph 10(b) and make them available at the request of the appropriate authorities of the United States.

APPENDIX A

Marine Mammals

Pacific white-sided dolphin

Northern right whale dolphin

Common dolphin

Striped dolphin

Northern fur seal

Dall's porpoise

Other marine animals

Squid

Neon flying squid

Japanese common squid

Boreal chubhook squid

Eight-armed squid

Fish

Albacore

Pomfret

Yellowtail

Skipjack tuna

Marlin

Swordfish

Other tuna and billfish

Blue shark

Salmonids

Salmon shark

Seabirds

Short-tailed albatross

Black-footed albatross

Laysan albatross

Sooty shearwater

Short-tailed shearwater

Flesh-footed shearwater

Buller's shearwater

Tufted puffin

Horned puffin

Leach's storm-Petrel

Northern fulmar

Marine Turtles

DEPARTMENT OF STATE WASHINGTON

September 13, 1989

His Excellency Tong-Jin Park, Ambassador of the Republic

Excellency:

I have the honor to refer to discussions between the representatives of our two Governments held in Washington during August and September 1989 regarding high seas squid driftnet fisheries in the North Pacific Ocean. I have the further honor to refer to the enclosed arrangement reached as a result of the said discussions.

If the enclosed arrangement is acceptable to the Government of the Republic of Korea, this note and Your Excellency's note in reply confirming the acceptance by the Korean Government of the arrangement shall constitute an agreement between the two Governments, which will enter into force on the date of Your Excellency's note in reply and shall remain in force through December 31, 1990. Accept, Excellency, the renewed assurances of my highest consideration.

James A. Baker III

Enclosure: Record of Discussions

RECORD OF DISCUSSIONS

Representatives of the United States and the Republic of Korea met August 18 - September 7, 1989 to discuss matters pertaining to high seas driftnet fishing activities in the North Pacific Ocean. Both sides recognized that driftnet vessel operations in the North Pacific Ocean may result in the take of U.S.-origin anadromous species. Both sides agreed to the following temporary arrangements:

a) Officials of one party, upon encountering a driftnet vessel of the other party that they desire to visit to verify compliance with driftnet fishing regulations, shall transmit to the appropriate officials of the other party a request to conduct a cooperative visit.

b) If the officials of the other party find that they are unable to join in the cooperative visit and verification, they will cooperate and assist the officials of the requesting party to conduct the visit and verification. In those cases where the on-scene officials of the requesting party find that officials of the other party are not immediately present to join in the visit and verification, the officials of the requesting party will initiate the visit and verification.

c) The visiting officials may verify compliance with driftnet fishing regulations, remove any anadromous species on board, document incidental catches of marine mammals, seabirds, and anadromous species, and take representative samples of those resources.

d) Officials of the party conducting the visit and verification shall take all reasonable measures to ensure a minimum interference to legitimate fishing operations of the driftnet vessel. The officials will conduct their operations in accordance with applicable rules of international law and practice.

e) Upon arrival of officials of the other party, the officials of the two parties shall jointly continue the visit and verification.

f) If the officials of the other party do not arrive before the officials of the requesting party complete the visit and verification, the authorities of the requesting party will notify promptly the authorities of the other party of the results of the visit and verification and will consult with the authorities of the other party regarding the disposition of the violations detected.

g) When no violation is detected as a result of the verification activities, the visiting officials shall immediately withdraw from the vessel.

h) The appropriate authorities will ensure that the visit and verification procedure for driftnet vessels will also apply to all transport vessels.

i) The two parties agree that the present arrangements will be effective until the end of 1990. September 8, 1989

Edward E. Wolfe For the Delegation of the United States

Hee Soo Lee For the Delegation of the Republic of Korea

EMBASSY OF THE REPUBLIC OF KOREA WASHINGTON, D. C. THE AMBASSADOR TONG-JIN PARK

September 26, 1989

His Excellency James A. Baker, III Secretary of State United States of America

Excellency:

I have the honor to acknowledge the receipt of your note dated September 13, 1989, which reads as follows:

‘Excellency:

I have the honor to refer to discussions between the representatives of our two Governments held in Washington during August and September 1989 regarding high seas squid driftnet fisheries in the North Pacific Ocean. I have the further honor to refer to the enclosed arrangement reached as a result of the said discussions.

If the enclosed arrangement is acceptable to the Government of the Republic of Korea, this note and Your Excellency's note in reply confirming the acceptance by the Korean Government of the arrangement shall constitute an agreement between the two Governments, which will enter into force on the date of Your Excellency's note in reply and shall remain in force through December 31, 1990. Accept, Excellency, the renewed assurances of my highest consideration.

(James A. Baker, III)’

I have further she honor to accept on behalf of the Government of the Republic of Korea the enclosed arrangement and to agree that Your Excellency's note and this note shall constitute an agreement between our two Governments which will enter into force on the date of this note in reply and shall remain in force through December 31, 1990. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Tong-Jin Park

Enclosure: Record of Discussions

RECORD OF DISCUSSIONS

Representatives of the Republic of Korea and the United States met August 18 - September 7, 1989 to discuss matters pertaining to high seas driftnet fishing activities in the North Pacific Ocean. Both sides recognized that driftnet vessel operations in the North Pacific Ocean may result in the take of U.S.-origin anadromous species. Both sides agreed to the following temporary arrangements:

a) Officials of one party, upon encountering a driftnet vessel of the other party that they desire to visit to verify compliance with driftnet fishing regulations, shall transmit to the appropriate officials of the other party a request to conduct a cooperative visit.

b) If the officials of the other party find that they are unable to join in the cooperative visit and verification, they will cooperate and assist the officials of the requesting party to conduct the visit and verification. In those cases where the on-scene officials of the requesting party find that officials of the other party are not immediately present to join in the visit and verification, the officials of the requesting party will initiate the visit and verification.

c) The visiting officials may verify compliance with driftnet fishing regulations, remove any anadromous species on board, document incidental catches of marine mammals, seabirds, and anadromous species, and take representative samples of those resources.

d) Officials of the party conducting the visit and verification shall take all reasonable measures to ensure a minimum interference to legitimate fishing operations of the driftnet vessel. The officials will conduct their operations in accordance with applicable rules of international law and practice.

e) Upon arrival of officials of the other party, the officials of the two parties shall jointly continue the visit and verification.

f) If the officials of the other party do not arrive before the officials of the requesting party complete the visit and verification, the authorities of the requesting party will notify promptly the authorities of the other party of the results of the visit and verification and will consult with the authorities of the other party regarding the disposition of the violations detected.

g) When no violation is detected as a result of the verification activities, the visiting officials shall immediately withdraw from the vessel.

h) The appropriate authorities will ensure that the visit and verification procedure for driftnet vessels will also apply to all transport vessels.

i) The two parties agree that the present arrangements will be effective until the end of 1990. September 8, 1989

Hee Soo Lee For the Delegation of the Republic of Korea

Edward E. Wolfe For the Delegation of the United States

United States Department of State Washington, D.C. 20520

October 2, 1989

Mr. Hee Soo Lee Deputy Administrator National Fisheries Administration Republic of Korea

Dear Mr. Lee:

In view of the general principles of international law that fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, and that all states have the duty to cooperate with other states in taking measures necessary for the conservation of the living resources of the high seas, the United States welcomes the Korean Government's commitments to take the actions described in the Regulatory Program and Monitoring Program on the Korean squid driftnet fishery, as attached to your letter of September 8, 1989, and places great reliance on the commitment of the Korean Government to implement fully the scientific monitoring and regulatory programs outlined for the 1989 and 1990 fishing seasons.

Our participation in the described programs should not be understood to condone the practice of high seas driftnet fishing generally or as practiced by vessels from the Republic of Korea.

Sincerely, Edward E. Wolfe Deputy Assistant Secretary Oceans and Fisheries Affairs U.S. Department of State

Sincerely, James E. Douglas, Jr. Acting Assistant Administrator for Fisheries U.S. Department of Commerce