EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF TRINIDAD AND TOBAGO CONCERNING SHRIMP
Source: UNTS 12961, 4
I
EMBASSY OF TRINIDAD AND TOBAGO
RIO DE JANEIRO.
1/29 19th May 1972 Excellency,
I have the honour to refer to recent conversations in which representatives of the Government of Trinidad and Tobago and the Government of the Federative Republic of Brazil having considered, in a spirit of mutual understanding, the situation relating to shrimping in the waters adjacent to the coast of Brazil, and motivated by the friendly relations existing between the two Governments and peoples have agreed to the following:
Nothing contained in this Agreement, the text of which appears hereunder, would necessarily constitute a precedent.
This Agreement shall govern the operation of shrimp catch by Trinidad and Tobago flag vessels in the waters adjacent to the coast of Brazil during the period from May 1st, 1972, to November 30, 1973.
Nothing in this Agreement shall be deemed to prejudice, in any way, the le-gal position of either Government in regard to the limits of territorial seas and fisheries jurisdiction.
The species to be fished are the following: Penaeus (M.) duorarum notialis, Penaeus brasiliensis and Penaeus (M.) aztecas subtilis. The simultaneous and inevitable catch of other marine species in quantities and conditions which characterize them as incident fauna of the shrimp species authorized under the Agreement shall not be considered as a violation of the Agreement. The shrimping activities shall be conducted exclusively within a zone having the isobath of thirty (30) meters as the southwest limit and the latitude 1° north as the southern limit and 47°30' west longitude as the eastern limit. Shrimp fishing, however, in the part of the above-mentioned zone which lies southeast of a bearing of 240° drawn from the Ponta do Ceu radio-beacon shall be limited to the period March 1st to July 1st.
Twenty shrimp trawlers flying the Trinidad and Tobago flag shall be admitted to catch shrimp in the zone described in article 4 of this Agreement. These trawlers shall not exceed eighty-five feet in length, except for two trawlers that shall not exceed ninety feet, and shall not employ electric equipment for fishing purposes.
The season during which the shrimping activities referred to in this Agreement are to be conducted shall be between March 1st and November 30th of each year.
The Government of Trinidad and Tobago will furnish the Government of the Federative Republic of Brazil, through the diplomatic channel, with a list of the vessels to be covered by this Agreement as well as with the basic data relating to these vessels. Such data shall include the name, length, radio-frequency, maximum speed, gross and net ton-nage of each vessel, a description of its navigation and fishing gear and its communication equipment and the identification sign to be used. In addition, the port of registry, the name of the vessel's captain, the name and legal address of its registered office in Trinidad and Tobago shall also be provided.
8) To complete the registration procedure, the Government of the Federative Republic of Brazil will inform the Government of Trinidad and Tobago of the vessels authorized to fish under the terms of this Agreement.
9) Before the beginning of the shrimping activities of the authorized vessels, the Government of Trinidad and Tobago shall:
produce to the Brazilian Embassy in Port of Spain the documents of the vessel (registry certification, crew list, up-to-date seaworthiness certificates, insurance certificate);
hand in photographs of the vessel and an indication of its methods and gear;
pay for each vessel a fee of US$ 100.00 (one hundred dollars) for each month of opera-lion in the 1972 season, this fee being calculated from a date one month following the date of authorization of the vessel to November 30th, 1972, and pay a fee of US$ 900.00 (nine hundred dollars) for the 1973 season.
10) Each of the authorized vessels shall display an identification sign, agreed between the Parties, and shall carry the appropriate documents of identification, to be produced, on demand, to the Brazilian authorities.
11) While conducting fishing activities according to the provisions of this Agreement, the captains of the trawlers shall:
proceed directly to the authorized fishing zone defined in article 4;
fill out fishing logs furnished by the Brazilian Embassy in Port of Spain and return them to the Embassy within 14 days of their return to Port of Spain;
be familiar with and respect Brazilian laws and regulations, particularly those regarding fishing and prevention of sea pollution;
land the catch in Trinidad and Tobago, trans-shipment being permitted only between vessels registered under this Agreement.
12) The Government of Trinidad and Tobago will supply the Government of the Federative Republic of Brazil periodically with statistical data relating to the size and species of the catches captured by Trinidad and Tobago vessels in the waters adjacent to the coast of Brazil.
13) a) While in Brazilian territorial waters, the Trinidad and Tobago shrimp trawlers shall be subject to Brazilian surveillance. Duly appointed officials may board the trawlers for inspection.
b) The Brazilian Embassy in Port of Spain shall be informed of the estimated dates of arrival at the fishing zones and of the dates of departure from and return to ports of Trinidad and Tobago.
14) Infringements of Brazilian law occurring in Brazilian territorial waters shall be dealt with according to Brazilian law.
15) Problems concerning the interpretation and implementation of the present Agreement shall be solved through diplomatic channels.
16) At the request of either Party, both Parties shall, within one month, conduct consultations for a review of the operation of this Agreement or of its provisions.
I have the honour to propose that if the above terms are acceptable to the Government of the Federative Republic of Brazil, the present note together with Your Excellency's note in reply indicating your Government's concurrence therewith shall constitute an agreement between the two Governments, to come into force on the date of Your Excellency's note in reply.
Please accept, Excellency, the assurances of my highest consideration.
GERARD MONTANO
Ambassador His Excellency Dr. Mario Gibson Barboza
Minister of External Affairs
Brazil
II
19 May 1972
DPB/DAI/DAC/03/562.8(61 h)
Sir,
I have the honour to acknowledge receipt of your note of today's date, which reads as follows:
[See note I]
2. In reply, I have the honour to inform Your Excellency that the Brazilian Government is in agreement with the terms of the above note, which, together with the present note, shall constitute an agreement between our two Governments, to enter into force on this date.
Accept, Sir, etc.
MARIO GIBSON BARBOZA
His Excellency Mr. Albert Gérard Montano Ambassador Extraordinary and Plenipotentiary of Trinidad and Tobago
