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THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / COLOMBIA
Volume(s) 1-3; pages 2999-3000


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Agreement Between the Government of the United States of America and the Government of the Republic of Colombia on Certain Fishing Rights, Bogota, 1983


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Done at Bogota 24 October 1983 and 6 December 1983


Entered into force 6 December 1983; effective 1 March 1984


Primary source citation: TIAS 10842


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Embassy of the United States of America Bogota

October 24, 1983. No. 711

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Relations of the Republic of Colombia and has the honor to refer to the Treaty between the Government of the United States of America and the Government of the Republic of Colombia concerning the status of Quita Sueno, Roncador, and Serrana, signed at Bogota on September 8, 1972 (‘the Treaty’) and to the accompanying exchange of notes concerning fishing rights. The Government of the United States notes that the Treaty and exchange of notes guarantee certain fishing rights to nationals and vessels of the United States. In order to ensure the effective implementation of these provisions, the Government of the United States proposes that the Parties establish the following procedures, effective March 1, 1984. 1. The Government of the United States shall provide annually to the Government of the Republic of Colombia a list of fishing vessels which intend to fish pursuant to the Treaty. The Government of the United States may add vessels to the list during the course of the year. However, fishing activity cannot be initiated until ten days after the date when the Government of the Republic of Colombia has been notified. The Government of the Republic of Colombia shall acknowledge receipt of the lists and shall provide gratis to the Government of the United States certificates (‘the certificates or the certificate’) to be transmitted to the listed vessels. The certificate shall be carried on board and shall be valid until December 31 of the year of issuance. United States flag fishing vessels shall be required to have only United States documentation and the certificate in order to fish in the areas referred to in Articles 2 and 3 of the Treaty and described in paragraph 5 below (‘described areas’).

2. The Government of the United States shall advise all United States vessels on the list to report to designated authorities of the Government of the Republic of Colombia of their arrival in and departure from the described areas. For the purpose of collecting statistics on the fishery resources, the notice of departure shall include a statement regarding the quantity and species of the catch. The Government of the Republic of Colombia shall advise the Government of the United States in a timely manner of the location of the Colombian authorities designated to receive reports from the vessels, as well as appropriate radio frequency and monitoring schedules for vessels.

3. The Colombian authorities may request of United States flag fishing vessels documents that normally are carried by such vessels, as well as the certificates. The United States authorities shall make every effort to ensure that the vessels on the list carry on board such documentation.

4. (a) The Colombian authorities may board a United States flag vessel fishing in the described areas for the purpose of inspecting its documents and verifying the authenticity of the information contained therein. Such boarding, inspection and verification shall be conducted with a minimum of interference to the fishing vessel.

(b) If a vessel is not carrying on board United States documentation, but carries the certificate, the Government of the Republic of Colombia shall immediately notify the Government of the United States of this situation and seek verification of United States registry or nationality. If the Government of the United States confirms United States registry or nationality, the vessel shall be promptly released and shall be permitted to continue fishing.

(c) If a vessel is carrying on board United States documentation but not the certificate, it may not fish unless it is on or added to the list and the certificate has been issued. In this case, until December 31, 1984, a vessel may fish in the described areas without the certificate on board and the ten-day period set out in paragraph 1 shall not apply. However, the vessel may not fish in described areas unless the Embassy of the United States of America in Bogota retains the certificate on behalf of the vessel and makes it available for inspection by the Government of the Republic of Colombia.

(d) If a vessel is carrying on board neither United States documentation nor the certificate, it shall be required to leave the area and shall not be permitted to return until fifteen days have elapsed from the date of boarding, and the vessel is on or has been added to the list and the certificate has been issued. After December 31, 1984, the procedures set out in this subparagraph shall also apply to vessels that carry on board United States documentation but not the certificate.

5. The Parties agree that the adjacent waters to Quita Sueno described in Article 2 cover the area enclosed by coordinates 13 degrees 55 minutes north by 14 degrees 43 minutes north and 80 degrees 55 minutes west by 81 degrees 28 minutes west and the waters adjacent described in Article 3 are the areas within 12 nautical miles of Roncador and Serrana measured from the baselines from which the breadth of the territorial sea is measured.

6. The procedures established in this note shall be subject to modification only by mutual written agreement of both governments.

The Embassy of the United States of America proposes that the Government of the Republic of Colombia affirm by reply note the agreement of the Parties adopting these procedures to implement the Treaty of 1972 and the accompanying exchange of notes of September 8, 1972, concerning fishing rights.

[Initials]

TRANSLATION

Bogota

December 6, 1983

No. 01763

The Ministry of Foreign Relations presents its compliments to the Embassy of the United States and has the honor to refer to the Treaty between the Government of the United States and the Government of Colombia concerning the status of Quita Sueno, Roncador, and Serrana, signed at Bogota on September 8, 1972 (the Treaty) and to the accompanying notes concerning fishing rights.

In order to regulate the fishing rights granted to United States citizens and vessels in the aforementioned instrument, the Government of Colombia agrees to establish the following procedures, which shall enter into force on March 1, 1984:

[For text of the procedures, see the U.S. note, page 2999.]

The Ministry of Foreign Relations avails itself of this opportunity to renew to the Embassy of the United States the assurances of its highest consideration.

[Signature] [Seal]