Exchange Of Notes Constituting An Understanding For The Establishment Of A Scheme Of Joint Enforcement Regarding Fisheries In The Western Region Of The Middle Atlantic Ocean (With Scheme Of Joint Enforcement)
Source: UNTS 1972, 291
Note I
No. 66
The Embassy of the United States of America refers the Ministry of Foreign Affairs of the Polish People's Republic to the exchange of letters on June 13, 1970 between the Chairman of the United States Delegation and the Chairman of the Polish Delegation in connection with the signing on that date of an Agreement between the Government of the United States of America and the Government of the Polish People's Republic regarding fisheries in the western region of the Middle Atlantic Ocean, the validity of which was extended through an exchange of notes on October 1, 1971 between the Ministry of Foreign Affairs and the Embassy. By understanding number 7 in the above-mentioned letters, both delegations agreed that the establishment of a voluntary enforcement scheme for the area of the Agreement, modeled on the Scheme of Joint International Enforcement adopted by ICNAF [Editor's note: International Conference for the Northwest Atlantic Fisheries] at its twentieth annual meeting in 1970, would be useful and desirable. The delegations further agreed that the details of the proposed enforcement scheme would be set forth in an exchange of notes.
Pursuant to discussions between enforcement authorities of the two Governments in August 1970 and follow-up talks in September 1971 conducted between representatives of the Embassy of the United States of America and representatives of the Ministries of Shipping and Foreign Affairs of the Polish People's Republic, the Embassy submits a voluntary scheme of joint enforcement as set forth in the enclosure hereto.
The Government of the United States of America would appreciate confirmation by the Government of the Polish People's Republic of the voluntary scheme of joint enforcement. It is proposed that this note and the response thereto shall constitute an understanding between the two Governments pursuant to the Agreement between the Government of the United States of America and the Government of the Polish People's Republic regarding fisheries in the western region of the Middle Atlantic
Ocean, to be effective on the date of the reply note, and to remain in effect during the period of validity of the Agreement.
Enclosure :
Scheme of Joint Enforcement.
Embassy of the United States of America
Warsaw, October 5, 1971.
Scheme Of Joint Enforcement Between The United States Of America And The Polish People's Republic Regarding Fisheries In [The] Western Region Of The Middle Atlantic Ocean
Pursuant to paragraph 7 of the letter of understanding attached to the Agreement between the Government of the United States of America and the Government of the Polish People's Republic regarding fisheries in the western region of the Middle Atlantic Ocean signed in Washington, D.C., on June 13, 1970, following are arrangements for a voluntary joint enforcement scheme for the purpose of ensuring the application of the Agreement.
(1) Control shall be carried out by inspectors of the national fishery services of the two Governments. The names of the inspectors appointed for that purpose by their respective Governments shall be notified to the other Government.
(2) The ships used to carry the inspection officers may be either special inspection vessels or fishing vessels. The name of the ships so used for the time being shall be notified to the other Government.
(3) Each inspector shall carry a document of identity supplied by the authorities of his Government stating that he has authority to act under the arrangements of the Agreement.
(4) A ship carrying an inspector may give the signal from the International Code of Signals requesting permission to come aboard (SQ3) to any vessel of the other country engaged for the time being in fishing for sea fish or in the treatment of sea fish in the area covered by the Agreement. The International Code of Signals should be used in responding either affirmatively (C) or negatively (N). The master shall stop the vessel unless actually fishing, shooting or hauling, in which case it shall stop immediately it has finished hauling. The master of the vessel shall permit the inspector to board it.
(5) On boarding the vessel, an inspector shall produce the document of identity described above. Inspections shall be made so that the vessel suffers minimum interference and inconvenience. An inspector shall limit his inquiries to the ascertainment of the facts in relation to the observance of the Agreement. In making his examination, an inspector may ask the master to make available fishing log books and to furnish such other assistance as he may require. He shall draw up a report of his inspection using the attached form. Inspectors will be furnished with the attached questionnaire in both the Polish and English languages. He shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations. The master must sign such observations. Copies of the report shall be given to the master of the vessel and to the inspector's Government who shall transmit copies to the appropriate authorities of the flag state of the vessel. Where any infringement of the Agreement is discovered, the inspector should, where possible, inform any inspection ship of the flag state known to be in the vicinity.
(6) Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this recommendation, but they shall remain under the operational control of their national authorities and shall be responsible to them.
(7) Each Government shall consider and act on reports of foreign inspectors under these arrangements on the same basis as reports of national inspectors. The provisions of this paragraph shall not impose any obligation on either Government to give the report of a foreign inspector a higher evidential value than it would possess in the inspector's own country. Each Government shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements.
(8) The inspector may, subject to any limitations that are imposed by both Governments jointly, carry out such examination of the catch as he deems necessary to establish whether or not the Agreement is being complied with. He shall report his findings to the authorities of the flag state of the inspected vessel as soon as possible.
It was agreed that the inspection of fish can be carried out only on the fishing decks of vessels of each country.
The Scheme of Joint Enforcement will relate to the species of fish which have been enumerated in article 2 of the Agreement, namely :
English [TAB] Polish
Scup (Stenotomus chrysops) [TAB] Skap
2. Flounders [TAB] Plastugi (Paralichthys dertatus-" summer ") . (Pseudopleuronectes americanus-" winter")
Red Hake (Urophycis chuss) [TAB] Mietus czerwony
Silver Hake (Merluccius bilinearis) [TAB] Morszczuk
Menhaden (Brevoortia tyrannus) [TAB] Menhaden
Black Sea Bass (Centropristes striatus) [TAB] Czarny okon morski
7. River Herring [TAB] Aloza (Alosa Pseudoharengus-" Alewife ")
(Alosa Aestivalis-" Bluebacks ")
REPORT OF VOLUNTARY INSPECTORS
(To be filled in block letters)
Authorized inspector
1. Name and nationality
2. Name and identifying letters and/or number of ship carrying him
Information on vessel involved
3. Nationality
4. Vessel's name and registration
5. Master's name
6. Owner's name and address
7. (a) Position as determined by inspector at [TAB] G.M.T.
(b) Position as determined by fishing vessel's master at [TAB] G.M.T.
Date and times the inspection commenced and finished
8. (a) Date
(b) Time arrived on board
(c) Time of departure
Facts resulting from inspection
9. Result of inspection of fish observed on board
(a) List of species taken in last tow observed on main fishing deck
(b) Approximate weight or percentage of each
10. Comments and/or observations by inspector
11. Statements by witnesses
Signature of witnesses
Signature of authorized inspector
12. Comments and/or observations by the master of the vessel
13. Signature of the master
(He should be the last to sign. All other people to sign in his presence.)
QUESTIONNAIRE FROM INSPECTOR TO SKIPPER
1. I am an Inspector under the Agreement between the United States of America and the Polish People's Republic. Here is my identity card.
2. Who is the Master of this vessel?
3. Do you understand that this inspection is voluntary?
4. I request your collaboration with the examination of the catch and documents (nationality paper/fishing log book).
5. Please check that the time is [TAB] G.M.T.
6. Please show me your vessel's fishing log books, if any.
7. Please give me your name.
8. Please write down the name and address of the owners of your vessel.
9. Are you fishing for industrial purposes?
10. I am recording your position as [TAB] ° lat [TAB] ° long. at [TAB] G.M.T. Do you agree?
11. I agree. (Yes)
12. I do not agree. (No)
13. Would you like to check your position with my instruments on board the inspection ship?
14. Do you now agree your position? If not, you should write your estimated position in Section 7 (b) of the Report Form.
15. Are you aware that you are fishing within a closed area?
16. Where are your working spaces (on the fishing deck)?
17. Please switch on these lights.
18. I wish to inspect your catch. Have you finished sorting the fish?
19. Will you please lay out those fish.
20. I have found no infringement of the Agreement, and I will so report to your flag state.
21. Please certify the photographs listed in the report, by adding the date and signature.
22. Do you have any witnesses who wish to make observations? If so, they may do so in their own language in Section II of the Report Form.
23. Do you wish to make any comments , and/or observations concerning this inspection? If so, please do so in your own language in Section 12 of the Report Form on which I have set out my findings.
24. Please sign the Report in Section 13.
25. I am leaving. Please check that the time is [TAB] G.M.T.
26. Thank you - Bon voyage.
Note II
[TRANSLATION]
The Ministry of Foreign Affairs of the Polish People's Republic conveys its compliments to the Embassy of the United States of America in Warsaw, and has the honor to confirm the receipt of note No. 66 of October 5, 1971, which reads as follows:
[See note I]
The Ministry of Foreign Affairs has the honor to communicate its agreement with the above and accepts the Embassy's proposal that the above-quoted note and this reply to it constitute an agreement which will enter into force on this day.
The Ministry of Foreign Affairs takes this opportunity to renew to the Embassy its expressions of high regard.
Warsaw, December 31, 1971.
Embassy of the United States of America
Warsaw
