Amendments To The Annex To The International Convention For The High Seas Fisheries Of The North Pacific Ocean

Filename: 1990-Amendment-1952-NorthPacificHighSeasFisheries.EN.txt

Amendment to the International Convention for the High Seas Fisheries of the North Pacific Ocean

Source: http://www.tierit.com/nsdl/0-1209-1212.htm

INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 6640 NORTHWEST MARINE DRIVE VANCOUVER, B.C., CANADA V6T 1X2 CABLE: NORTHCOM PHONE: (604) 228-1128 FAX: (604) 228-1135

24 April 1990

The Honourable James Baker Secretary of State Washington, D.C. 20520 U.S.A. Dear Sir:

I have the pleasure of transmitting to you the Commission's recommendation to amend the Annex to the International Convention for the High Seas Fisheries of the North Pacific Ocean (‘the Convention'), as amended by the Protocol signed at Tokyo, April 25, 1978. This recommendation to amend the Annex to the Convention was adopted by the International North Pacific Fisheries Commission by correspondence on April 24, 1990, in accordance with the provisions of Article III, paragraph 1, subparagraph (c) of the Convention. It is recommended to all the Contracting Parties to amend the present Annex by adding after paragraph 3 a new paragraph 4 to read as follows:

‘4. In 1990 only, the Japanese mothership fishery can be converted to a non-traditional landbased fishery (‘the non-traditional landbased fishery').

The non-traditional landbased fishery may be conducted in the areas specified in sub-paragraphs (b) and (c) of paragraph 1 above, according to the conditions stipulated in sub-paragraphs (b) and (c) of paragraph 1 above respectively. The provisions of sub-paragraph (f) of paragraph 1, paragraph 2 and paragraph 3 above shall not apply to the non-traditional landbased fishery. For the purpose of the non-traditional landbased fishery, a mothership fleet day is defined as one day when fishing vessels engaged in the non-traditional landbased fishery in the area concerned use 14,190 tans (330 tans/15 km) of fishing nets during a portion of any one calendar day.'

The Commission looks forward to receipt of notification of acceptance of this recommendation by the three Contracting Parties in accordance with Article VII of the Convention.

Sincerely yours, Clement V. Tillion Secretary INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION

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United States Department of State Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs Washington, D.C. 20520

April 26, 1990

Mr. Clement Tillion Secretary International North Pacific Fisheries Commission 6640 Northwest Marine Drive Vancouver, B.C., Canada V6T 1X2

Dear Mr. Tillion:

Thank you for your letter of April 24, 1990, conveying the recommendation of the International North Pacific Fisheries Commission (INPFC) that, in accordance with Article III, section 1(c) of the International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol signed at Tokyo on April 25, 1978 (the Convention), the three Contracting Parties amend the present Annex of the Convention. This would be accomplished by adding the new paragraph 4 which was attached to the Commission's recommendation.

In accordance with Article VII of the Convention, the Government of the United States of America hereby accepts the Commission's recommendation to amend the present Annex to the Convention in this manner.

In accepting the recommendation of the Commission, the U.S. Government affirms its support for the United Nations General Assembly Resolution, ‘Large Scale Pelagic Driftnet Fishing and its Impacts on the Living Marine Resources of the World's Oceans and Seas.' Our acceptance of the amendment to the Annex and the related Memorandum of Understanding does not signify satisfaction with, or approval of, the measures attendant to the amendment, or other INPFC programs, as effective to prevent unacceptable impacts of these driftnet fisheries on the living marine resources of the North Pacific, or to ensure the conservation of these resources.

Sincerely yours, Peter Jon de Vos Acting

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MINISTRY OF FOREIGN AFFAIRS Tokyo, Japan

May 11, 1990

Mr. Clement V. Tillion Secretary International North Pacific Fisheries Commission

Dear Mr. Tillion,

With reference to your letter dated April 24, 1990, concerning the recommendation of the International North Pacific Fisheries Commission to amend the Annex to the International Convention for the High Seas Fisheries of the North Pacific Ocean, I have the pleasure to notify, on behalf of the Government of Japan, the International North Pacific Fisheries Commission that the Government of Japan decided, on May 11, 1990 to accept the recommendation mentioned above.

Sincerely yours, Taro Nakayama Minister for Foreign Affairs

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External Affairs and International Trade Canada Ottawa, Ontario K1A 0G2

May 17, 1990

Mr. Clement Tillion Secretary International North Pacific Fisheries Commission 6640 Northwest Marine Drive Vancouver, British Columbia V6T 1X2

Dear Mr. Tillion:

The Secretary of State for External Affairs, the Right Honourable Joe Clark, has asked me to reply to your letter of April 24, 1990, transmitting the recommendation of the International North Pacific Fisheries Commission (INPFC) to amend the Annex to the International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol signed at Tokyo on April 25, 1978. I am pleased to inform you that the Government of Canada assents to the Commission's recommendation. I enclose the Instrument of Acceptance signed by the Secretary of State for External Affairs in the Government of Canada, certifying that the Government of Canada accepts the amendment to the Annex to the Convention, adopted by the Commission on April 24, 1990. I note, in connection with the amendment, the Memorandum of Understanding between the Governments of Canada, Japan and the United States of America, signed at Tokyo on May 15, 1990. I also wish to refer on this occasion to the general principle of international law that states of origin of anadromous stocks shall have the primary interest in and responsibility for such stocks. I further note that the acceptance by Canada of the amendment and the related Memorandum of Understanding in no way alters Canada's position on the driftnet issue, which remains consistent with the United Nations General Assembly Resolution A/C.2/44/L.81. In particular, the acceptance must not be construed as approval of the measures attendant to the amendment, the Memorandum or INPFC programs as constituting effective conservation or management measures to prevent unacceptable impacts of driftnet fishing and to ensure the conservation of the living marine resources of the North Pacific region.

Yours sincerely, E.W. Stewart Director Agriculture and Fisheries Trade Policy Division

ENCLOSURES.

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INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 6640 NORTHWEST MARINE DRIVE VANCOUVER, B.C., CANADA V6T 1X2 CABLE: NORTHCOM PHONE: (604) 228-1128 FAX: (604) 228-1135

17 May 1990

The Honourable James Baker Secretary of State Washington, D.C. 20520 U.S.A. The Rt. Hon. Joe Clark, P.C., M.P. Secretary of State for External Affairs Ottawa, Ontario K1A 0G2

The Honourable Taro Nakayama Minister for Foreign Affairs 2-2-1 Kasumigaseki, Chiyoda-ku Tokyo, Japan 100

Dear Sir:

Referring to the INPFC letter dated 1990 April 24 by Secretary Tillion, the Secretariat of INPFC was notified on May 17, 1990 that the Government of Canada formally accepted the amendment to the Annex of the International Convention for the High Seas Fisheries of the North Pacific Ocean.

As specified in Article VII, now that all three Contracting Parties have notified the Commission of their acceptance, the Annex is amended as of this date (1990 May 17).

The transmittal from Canada is attached.

Sincerely yours, Bernard E. Skud Executive Director