Protocol to the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Relating to the Consideration of Claims Resulting from Damage to Fishing Vessels or Gear and Measures to Prevent Fishing Conflicts, Copenhagen, 1973

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The Government of the United States of America and the Government of the Union of Soviet Socialist Republics,

Considering that a common understanding is desirable on the application of the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Relating to the Consideration of Claims Resulting from Damage to Fishing Vessels or Gear and Measures to Prevent Fishing Conflicts, done at Moscow on February 21, 1973, hereinafter referred to as the Agreement,

Noting the discussion or this matter during meetings of the representatives of the two Governments in Moscow in January-February, 1973 and in Copenhagen in June, 1973,

Have agreed to the following:

1. The Government of the United States of America and the Government of the Union of Soviet Socialist Republics agree that the two American-Soviet Fisheries Claims Boards established under the Agreement shall consider claims arising in the Western areas of the Atlantic Ocean in addition to their consideration of claims arising in the northeastern Pacific Ocean.

2. The two Governments agree that the Annex attached to this Protocol shall constitute Annex II to the Agreement Relating to the Consideration of Claims Resulting from Damage to Fishing Vessels or Gear and Measures to Prevent Fishing Conflicts, and shall form an integral part of that Agreement.

3. The two Governments understand that the Claims Boards mentioned in paragraph 1 above shall be guided by the criteria set forth in Annex II in their consideration of those claims which arise in the Western areas of the Atlantic Ocean subsequent to the entry into force of this Protocol. The two Governments shall encourage their fishermen to follow, insofar as practicable, the rules set out in this Annex.

4. The two Governments understand that the Annex attached to this Protocol contains interim rules which are subject to modification or termination by mutual agreement at any time. It is further understood that representatives of the two Governments shall consider more specific rules for fixed gear within six months following the signing of this Protocol.

5. The above provisions shall form an integral part of the Agreement.

6. This Protocol shall enter into force on signature, and shall remain in force during the period of validity of the Agreement, subject to the provisions of Articles XII and XIII thereof.

IN WITNESS WHEREOF the undersigned, being duly authorized for this purpose, have signed this Protocol.

DONE in Copenhagen, June 21, 1973, in duplicate, in English and Russian, both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: Donald L. McKernan

FOR THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS: Vladimir M. Kamentsev

1. This Annex applies to the waters of the Atlantic Ocean off the coast of North America.

For purposes of this Annex,

‘fishing vessel’ means any vessel engaged in the business of catching fish;

‘vessel’ means any fishing vessel and any vessel engaged in the business of processing fish or providing supplies or services to fishing vessels.

2. Fishing vessels shall be registered and marked in order to ensure their proper identification at sea in accordance with the regulations of each Government. The competent authorities of each Government shall inform the competent authorities of the other Government of the system of registration and marking used.

Each fishing vessel shall carry on board an official document, issued by the competent authority of its country, showing the name, if any, and description of the vessel, its nationality, its registration letter or letters and number, and the name of the owner or of the firm or association to which it belongs.

Each fishing vessel shall carry a national flag in good condition to be shown at the request of the competent authorities.

The nationality of a fishing vessel shall not be concealed in any manner whatsoever.

3. Subject to compliance with the International Regulations for Prevention of Collisions at Sea all vessels shall conduct their operations so as not to interfere with the operations of fishing vessels, or fishing gear.

Vessels arriving on fishing grounds where fishing vessels are already fishing or have set their gear for that purpose shall inform themselves of the position and extent of gear already placed in the sea and shall not place themselves or their fishing gear so as to interfere with or obstruct fishing operations already in progress.

No vessel shall anchor or remain on a fishing ground where fishing is in progress if it would interfere with such fishing unless required for the purpose of its own fishing operations or in consequence of accident or other circumstances beyond its control.

Except in cases of force majeure no vessel shall dump in the sea any article or substance which may interfere with fishing or obstruct or cause damage to fish, fishing gear or fishing vessels.

No vessel shall use or have on board explosives intended for the catching of fish.

In order to prevent damage, fishing vessels engaged in trawling and other fishing vessels with gear in motion shall take all practicable steps to avoid nets and lines or other gear which is not being towed.

(1) When nets belonging to different fishing vessels get foul of each other, they shall not be severed without the consent of the parties concerned unless it is impossible to disengage them by other means.

(2) When fishing vessels fishing with lines entangle their lines, the fishing vessel which hauls up the lines shall not sever them unless they cannot be disengaged in any other way, in which case any lines which may be severed shall where possible be immediately joined together again.

(3) Except in cases of salvage and the cases to which the two preceding subparagraphs relate, nets, lines or other gear shall not under any pretext whatever, be cut, hooked, held on to or lifted up except by the fishing vessel to which they belong.

(4) When a vessel fouls or otherwise interferes with gear not belonging to it, it shall take all necessary measures for reducing to a minimum the injury which may result to such gear. The fishing vessel to which the gear belongs shall, at the same time, avoid any action tending to aggravate such damage.

4. With respect to nets, lines and other gear anchored in the sea, fishing vessels shall comply with the rules set out below in this paragraph.

Gear shall be marked sufficiently to indicate its position and extent. The ends of lines to which lobster pots are attached should be marked with buoys. The westernmost (meaning the half compass circle from south through west to and including north) end buoy should be fitted with two flags one above the other or one flag and a radar reflector, and the easternmost (meaning the half compass circle from north through east to and including south) end buoy should be fitted with one flag or a radar reflector. The westernmost end buoy may be fitted with one or two white lights, and the easternmost end buoy may be fitted with one white light. On lobster gear extending more than 1 1/2 miles additional buoys should be placed at distances of not more than 1 mile so that no part of the gear extending 1 mile or more is left unmarked. Each additional buoy should be fitted with a flag or a radar reflector and may be fitted with one white light. The flagpole of each buoy should have a height of at least 2 meters above the buoy. Each buoy should be marked so that ownership may be determined.

Fishing vessels operating gear anchored in the sea shall, when they are present, notify approaching vessels of the position and extent of gear.

Fishing vessels using mobile gear shall:

(1) Maintain a continuous visual and radar watch for markers indicating the position and extent of gear anchored in the sea.

(2) Avoid areas where gear is known to be anchored in the sea during periods of reduced visibility and hours of darkness.

5. The Government of the United States of America and the Government of the Union of Soviet Socialist Republics will take steps to minimize the possibility of conflict between gear anchored in the sea and mobile fishing gear. This will include:

For the American side, with respect to lobster gear,

(1) Development and use of improved marking, deployment, and notification practices,

(2) Timely notice to the Soviet fishing fleet of known locations of gear, and

(3) Notice to the Soviet fishing fleet of markings in use.

For both sides, development and use of improved radio communications between individual vessels of both countries.

For the Soviet side, notice to American authorities of areas of concentration of the Soviet fishing fleet.