MEMORANDUM OF UNDERSTANDING on ENFORCEMENT
Source:
The Delegations of the Governments of Japan, Canada and the United States of America have agreed to record the following in connection with the International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean signed at Tokyo, on April 25, 1978 (hereinafter referred to as "the Convention"), in order to further cooperation among the three Contracting Parties concerning the enforcement of the provisions of the Convention.
1. The Government of Japan will take the necessary measures to ensure the following:
(a) At least six Japanese patrol vessels will be assigned to enforce the provisions of the Convention in the Japanese land-based fishery area of which no fewer than three such vessels will be assigned to enforce the eastern limit of that area.
(b) In the area south of 46° North Latitude and between 173° East Longitude and 174° East Longitude any Japanese landbased fishing vessel will report its location to one of the Japanese patrol vessels mentioned in subparagraph 1(a) above when the fishing vessel enters into and departs from the area, as well as at a fixed time every day as long as the vessel stays in the area.
2. The Government of Japan and the Government of the United States of America will take the necessary measures to ensure that enforcement activities of each Government will be conducted on a cooperative basis in the following aspects:
(a) Each Government will notify the other Government of the patrol schedules of its patrol vessels in the Japanese landbased fishery area;
(b) Patrol vessels of either Government in the said area will investigate to the extent possible reports from the other Government of fishery operations conducted in apparent violation of the provisions of the Convention by nationals and fishing vessels of Japan; and
(c) Each Government will report to the other Government any action taken as a result of sub-paragraph 2(b) above as soon as and to the extent possible without detracting from enforcement activities.
3. The Government of Japan and the Government of the United States of America will each accommodate an observer of the other Government aboard its patrol vessel assigned to enforce the provisions of the Convention along the eastern limit of the Japanese landbased fishery area for a reciprocal period of up to 4 weeks under the following conditions:
(a) Such observer will not exercise any enforcement authority but only observe the enforcement activities of the enforcement officials of the patrol vessel, including accompanying such officials at the time of boarding of salmon vessels of Japan which might occur;
(b) Such observer will be permitted to communicate with his/her parent agency with the consent of the captain of the patrol vessel;
(c) Such observer will comply with instructions of the host enforcement officials under all circumstances; and
(d) Each Government will pay for the costs of its own observer.
Detailed arrangements will be coordinated between the competent authorities of the two Governments.
4. The Government of Japan and the Government of the United States of America will exchange information that will facilitate enforcement activities. Specific communications arrangements such as radio frequencies and signals will be agreed to between designated enforcement officials of the two Governments prior to the beginning of the 1986 landbased salmon fishery season.
5. Should the Government of Canada decide to participate on a reciprocal basis in the cooperative enforcement measures mentioned in paragraph 2, 3 and 4 above, the Governments of Japan, Canada and the United States of America will consult in order to develop arrangements for such participation.
6. The Government of Japan will report to the International North Pacific Fisheries Commission as soon as possible the results of penalty actions. These reports will identify the vessel (by name, domestic fisheries license number, and hull number), the location (by latitude and longitude), and details of the violation, the penalty imposed, and the fishery (mothership or landbased) in which the vessel was participating.
Vancouver, April 9, 1986
FOR THE GOVERNMENT OF JAPAN:
Tatsuo Saito
FOR THE GOVERNMENT OF CANADA:
Aimée Lefebvre-Anglin
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
George W. Ogg
