Agreement Between the American Institute in Taiwan and the Coordination Council for North American Affairs Regarding High Seas Driftnet Fishing in the North Pacific Ocean, Arlington and Washington, 1989 Done at Arlington and Washington 13 July 1989 and 24 August 1989

Entered into force 24 August 1989**( This Agreement expired on 31 December 1990.>

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

_________________________________________

AMERICAN INSTITUTE IN TAIWAN 1700 N. Moore Street Suite 1705 Arlington, Virginia 22209 Tel: (703) 525-8474 Fax: (703) 841-1385

July 13, 1989

Mr. Ding Mou-shih Representative Coordination Council for North American Affairs 4201 Wisconsin Ave., NW Washington, D. C. 20016-2137

Dear Mr. Ding:

I have the honor to propose an agreement between the American Institute in Taiwan (AIT) and the Coordination Council for North American Affairs (CCNAA) for cooperative programs regarding the monitoring, enforcement and regulation of the North Pacific driftnet fishing operations. The details of these cooperative programs are set forth in the attached Annex. If the terms set forth in the attached Annex are acceptable to CCNAA, this letter and the Annex, together with your reply, shall constitute an agreement between AIT and CCNAA. This agreement shall enter into force upon your reply and continue until December 31, 1990. We place great reliance upon the commitment by CCNAA that the party it represents will expand and implement the observer and enforcement programs for 1990. We also take very seriously the agreement by CCNAA that the party it represents will take steps to limit the size of its driftnet fleet, and the success of these efforts will be taken into consideration by the party represented by AIT as it reviews and evaluates the success of implementation of this agreement.

AIT reaffirms its position that the party it represents has jurisdiction over anadromous species that spawn in the rivers and coastal waters of the territory represented by AIT, and reserves its rights and privileges under international law and practice. This agreement should not be understood to condone the practice of high seas driftnet fishing generally or as practiced by the vessels from the territory represented by CCNAA. Sincerely, David N. Laux Chairman of the Board and Managing Director

Enclosure: As stated.

ARTICLE I. - FISHING GROUNDS. The party represented by CCNAA shall ensure that all driftnet vessels of the territory represented by CCNAA are to adhere to the following fishing grounds while operating in the North Pacific Ocean beyond national 200 nautical mile Exclusive Economic Zones. Each driftnet vessel is required to confine fishing operations and all other vessel activities and movements to the area west of 145 degrees W longitude and south of the following monthly northernmost latitudinal lines of the fishery:

(a) For the area west of 370 degrees E longitude - -

(b) For the area between 170 degrees E to 145 degrees W longitude - -

May Latitude 34 degrees N for large mesh only

ARTICLE II. - TRANSMITTERS. (a) The party represented by CCNAA will install real-time automatic satellite position fixing devices identified here as transmitters, on ten percent of its North Pacific driftnet fishing vessels for an experimental test during the 1989 fishing season. Unless CCNAA and AIT agree after consultations that the transmitters are ineffective for monitoring vessel locations, after January 1, 1990, no driftnet fishing vessel will be permitted to fish in the North Pacific without a transmitter that will allow automatic, real time monitoring of the location and identity of the vessel by the parties represented by AIT and CCNAA. (b) The party represented by CCNAA will be responsible for the cost of purchasing and operating the transmitters, and data transmission. The party represented by AIT will ensure that the party represented by CCNAA receives the benefit of any cost savings which would be available to the parties represented by AIT. The party represented by AIT will assist the party represented by CCNAA in procuring the transmitters.

(c) Each driftnet vessel is required to validate the time and 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 officials of the party represented by CCNAA. (d) The party represented by AIT understands that such installation efforts made by the party represented by CCNAA need multi-agency coordination among the Ministry of National Defense, the Ministry of Communications, and the Council of Agriculture of the party represented by the CCNAA. The party represented by AIT will take into consideration practical or legal difficulties in implementing this provision.

ARTICLE III. - OPERATING PROCEDURES. (a) No driftnet vessel may harvest anadromous species of fish.

(b) Any anadromous species of fish incidentally taken in the driftnet fishery is to be immediately returned to the water and included in catch records outlined below in Article III (i).

(c) Each driftnet vessel seeking to operate in the North Pacific Ocean will have a license issued by the appropriate officials of the party represented by CCNAA. (d) All marine resources harvested by driftnet vessels of the territory represented by CCNAA must be landed or, in the case of tuna shipments to Thailand, thoroughly inspected, in ports of the territory represented by CCNAA, with the exception of tuna shipped to American Samoa and Puerto Rico. For the sake of effective enforcement, the party represented by CCNAA will, upon signing of the agreement, promptly take the following measures:

(1) All tuna and squid transport ships operating in the North Pacific shall be equipped with a transmitter that will allow automatic, real-time monitoring of the location and identity of the vessel by the parties represented by AIT and CCNAA;

(2) The party represented by AIT will assist the party represented by CCNAA in procuring transmitters immediately. Once the transmitters are available, no transport vessel of the territory represented by CCNAA will be permitted to leave port for the North Pacific without an operating transmitter;

(3) CCNAA will provide AIT with a list of transport vessels;

(4) Squid transport ships shall only sail between North Pacific fishing grounds and ports in the territory represented by CCNAA;

(5) All squid caught from the North Pacific fishing grounds may only be transshipped to transport vessels of the territory represented by CCNAA and must be landed at ports in the territory represented by CCNAA;

(6) When a tuna or squid transport ship leaves port to carry on transshipment at sea, prior permission must be obtained from the competent agency of the party represented by CCNAA. CCNAA will forward this information promptly to designated AIT official;

(7) Detailed records shall be kept by all squid transport ships in connection with the transshipment they carry on, including the name of the fishing vessel from which the transshipped squid is received and the quantity of the squid. Upon return of the transport ship to the port in the territory represented by CCNAA it shall immediately report to the competent agency of the party represented by CCNAA for inspection.

The appropriate authorities of the party represented by CCNAA will establish a port inspection program to monitor landings of all driftnet vessels at all pertinent ports in the territory represented by CCNAA. If the above measures should fail to bring about the desired result in six months, the authorities of the party represented by CCNAA will immediately introduce a bill to its Legislature for the prohibition of any and all transshipment of squid in the North Pacific.

(e) Authorities of the party represented by CCNAA shall take steps to introduce a bill as soon as possible to its Legislature to prohibit vessels from carrying both large-mesh gear (mesh size of 18 centimeters or greater) and small-mesh gear (less than 18 centimeters).

(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.

(g) Each driftnet vessel is to use methods to identify the driftnet gear it deploys by permanently marking at every 50 meter interval of net with the name of the vessel and its corresponding IRCS. Each vessel is also required to refrain 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 authorities of the party represented by CCNAA. (h) CCNAA shall provide AIT with a list of licensed driftnet vessels, including name, corresponding IRCS numbers, the CT number and size by tonnage.

(i) CCNAA will provide AIT total catch and fishing effort of the driftnet fleet, stratified by month and delineated by five degree latitude by five degree longitude areas for the 1989 fishing season and one degree latitude by one degree longitude areas for the 1990 fishing season. Catch data is to include records of harvests of target species, incidental takes of anadromous species, marine mammals, seabirds, and other living marine resources. This information will be provided to AIT not later than June 30th of the following year.

ARTICLE IV. - ENFORCEMENT. (a) The authorities of the party represented by CCNAA shall ensure that enforcement boardings of driftnet fishing vessels are conducted by personnel of the party represented by CCNAA, both dockside and at sea within and beyond the fishing area authorized by the party represented by CCNAA. (b) The parties represented by AIT and CCNAA may exchange enforcement observers to facilitate driftnet fishery enforcement activities. These exchanges may include:

(1) participation by enforcement observers of the party represented by AIT on enforcement cruises conducted by the party represented by CCNAA;

(2) participation by enforcement observers of the party represented by CCNAA on enforcement patrols conducted by the party represented by AIT. (c) CCNAA shall ensure that authorities of the party represented by CCNAA prosecuting administrative or judicial cases involving fishing violations shall treat the evidence supplied by or through AIT in the same manner as the evidence supplied by enforcement authorities of the party represented by CCNAA. The party represented by AIT understands that, under the judicial system of the party represented by CCNAA, acceptance of evidence supplied by or through AIT, as well as evidence supplied by enforcement authorities of the party represented by CCNAA, would not necessarily have binding force should any alleged violations become a court case.

ARTICLE V. - VISIT AND VERIFICATION. Enforcement authorities of the party represented by AIT may visit flag vessels of the territory represented by CCNAA for the purpose of verifying fishing violations as follows:

(a) Outside the Fishing Area Authorized by the Party Represented by CCNAA. Personnel from the party represented by AIT may visit driftnet vessels of the territory represented by CCNAA wherever found if detected outside the authorized fishing area upon transmission of prior notification to CCNAA. (b) Inside the Fishing Area Authorized by the Party Represented by CCNAA. Personnel from the party represented by AIT may visit driftnet vessels of the territory represented by CCNAA inside the authorized fishing area upon the occurrence of any of the following events and upon transmission of prior notification to CCNAA:

(1) Prohibited species are observed on board;

(2) Transfer of catch is observed in progress where there is reason to believe that catch being transferred is of anadromous species;

(3) Identification of the vessel is obscured in any way;

(4) Transmitter is not operating;

(5) Vessel is not on the list provided by CCNAA of registered driftnet vessels; or

(6) Vessel is evading detection or fleeing.

(c) Personnel from the party represented by AIT may visit transport vessels of the territory represented by CCNAA upon transmission of prior notification to CCNAA. (d) Upon discovery of a fishing violation, AIT and CCNAA will consult regarding further steps in the handling of the vessel.

(e) Enforcement authorities of the party represented by AIT will take all reasonable measures to ensure a minimum interference to legitimate fishing operations of fishing vessels of the territory represented by CCNAA. Enforcement authorities of the party represented by AIT will conduct their operations in accordance with applicable rules of international law and practice and show the necessary courtesy to the master and crew of fishing vessels of the territory represented by CCNAA. The foregoing is based upon the universally recognized principle of reciprocity.

ARTICLE VI. - DEPLOYMENT OF PATROL VESSELS. (a) The party represented by AIT fully understands that the party represented by CCNAA currently has a rather limited number of vessels which can be deployed for patrolling the North Pacific. Nevertheless, the party represented by CCNAA will dispatch two dedicated patrol vessels for 200 vessel-days in the North Pacific during the balance of the 1989 fishing season to ensure a continuous enforcement presence throughout the season in the vicinity of the fishing grounds.

(b) For the 1990 fishing season, the number of dedicated patrol vessels will be increased to a minimum of three so that the total vessel-days will be 310 to ensure a continuous enforcement presence throughout the season in the vicinity of the fishing ground.

(c) CCNAA shall provide AIT with planned enforcement activities before the fishing season begins and annual reports on the patrols conducted, boardings made, violations detected, and penalties assessed by enforcement officials of the party represented by CCNAA at the conclusion of each fishing season.

ARTICLE VII. - MONITORING PROGRAM. The party represented by CCNAA will implement with the party represented by AIT a cooperative monitoring program involving the deployment of scientific observers of the parties represented by AIT and CCNAA aboard driftnet vessels of the territory represented by CCNAA in the North Pacific Ocean. Each side will be responsible for bearing the personnel cost of its scientific observers.

CCNAA will provide to AIT 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 1989 and 1990 monitoring programs.

(a) Monitoring during the 1989 Fishing Season: The party represented by CCNAA will accept a scientific observer of the party represented by AIT aboard a driftnet vessel. The observer shall have the opportunity to observe approximately 30 driftnet retrievals.

(b) Monitoring during the 1990 Fishing Season: The party represented by CCNAA agrees to implement with the party represented by AIT a cooperative monitoring program in 1990, and later years as agreed, with the objective of obtaining statistically reliable data on the catch of target and non-target species by all driftnet fisheries of the territory represented by CCNAA in the North Pacific Ocean. Such a program will include:

(1) deploying observers of the parties represented by both CCNAA and AIT aboard commercial driftnet vessels of the territory represented by CCNAA for at least 30 days to observe 30 or more driftnet retrievals on each vessel; and

(2) arranging for observers of the parties represented by both CCNAA and AIT to be placed on a vessel of the territory represented by CCNAA that would move among the driftnet fleet during 3 summer months of the fishing season so that the observers could be deployed from this platform on a series of driftnet fishing vessels to observe a few driftnet retrievals on each vessel.

The representatives of CCNAA will meet with the representatives of AIT prior to 1990 to formulate the cooperative observer program for the 1990 fishing season and to finalize the details of the program by February 18, 1990. ARTICLE VIII. - MANAGEMENT OF THE DRIFTNET FISHING FLEET. The party represented by CCNAA will take steps to limit the size of its driftnet fleet during the term of this agreement and will consult further with the party represented by AIT on this matter. The authorities of the party represented by CCNAA will introduce at the earliest possible date the necessary laws and regulations for the management and control of driftnet fisheries. In doing so, they will take into account the relevant biological and socio-economic factors. CCNAA will inform AIT of the results of such efforts.

ARTICLE IX. - OPERATION OF THE AGREEMENT. The parties to this Agreement shall consult periodically in order to review the operation and application of this agreement so as to assure that, with the passage of time and changes in circumstances, the objectives of this Agreement may be effectively maintained. The parties shall consult on enforcement and monitoring agreements for subsequent years.

Notwithstanding the undertakings by CCNAA under the agreement and the reply to AIT letter, the party represented by CCNAA reaffirms its rights and privileges under international law and practice.

Coordination Council for North American Affairs Office in U.S.A. 4201 Wisconsin Avenue, Washington, D.C. 20016

August 24, 1989

Mr. David N. Laux Chairman of the Board and Managing Director American Institute in Taiwan 1700 N. Moore Street Arlington, Va. 22209

Dear Mr. Laux:

I have the honor to refer to your letter of July 13, 1989, which provides:

‘Dear Mr. Ding:

I have the honor to propose an agreement between the American Institute in Taiwan (AIT) and the Coordination Council for North American Affairs (CCNAA) for cooperative programs regarding the monitoring, enforcement and regulation of the North Pacific driftnet fishing operations. The details of these cooperative programs are set forth in the attached Annex. If the terms set forth in the attached Annex are acceptable to CCNAA, this letter and the Annex, together with your reply, shall constitute an agreement between AIT and CCNAA. This agreement shall enter into force upon your reply and continue until December 31, 1990. We place great reliance upon the commitment by CCNAA that the party it represents will expand and implement the observer and enforcement programs for 1990. We also take very seriously the agreement by CCNAA that the party it represents will take steps to limit the size of its driftnet fleet, and the success of these efforts will be taken into consideration by the party represented by AIT as it reviews and evaluates the success of implementation of this agreement.

AIT reaffirms its position that the party it represents has jurisdiction over anadromous species that spawn in the rivers and coastal waters of the territory represented by AIT, and reserves its rights and privilege under international law and practice. This agreement should not be understood to condone the practice of high seas driftnet fishing generally or as practiced by the vessels from the territory represented by CCNAA. Sincerely, David N. Laux Chairman of the Board’

The agreement proposed in your letter is acceptable to CCNAA, except that with regard to the last paragraph, the party represented by CCNAA takes the position that the fishing and other rights of nationals and vessels of the territory represented by CCNAA on the high seas shall be governed by the applicable rules of international law and practice. The primary objective of CCNAA and AIT in reaching the agreement is to conserve and utilize fishery resources.

I would further like to notify you that should the authorities of the territory represented by AIT impose trade restrictions on aquatic or other products from the territory represented by CCNAA pursuant to the 1987 Driftnet Act, this agreement shall be null and void immediately.

Notwithstanding the undertakings by CCNAA under this agreement, the party represented by CCNAA reaffirms its rights and privileges under international law and practice.

Sincerely, Mou-Shih Ding Representative

Enclosure