Joint Statement of the Government of the United States of America and the Government of the Republic of Colombia Regarding Fisheries Conservation Measures in the Treaty Waters Adjacent to Quita Sueno, Washington, 1989

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During consultations on October 5-6, 1989 in Washington, D.C., representatives of the Government of the United States of America and the Government of the Republic of Colombia agreed to adopt the following conservation measures, as of January 1, 1990, in the waters adjacent to Quita Sueno, which are described in paragraph 5 of the October 24 and December 6, 1983 exchange of notes (hereafter ‘the area’):

1. With respect to the ban on fishing for conch (Strombus gigas) agreed to by the two governments on January 23, 1987, the two governments agreed to continue this ban.

2. The use of autonomous or semi-autonomous diving equipment (tanks or air hoses) for the extraction of hydrobiological resources, as well as the use of monofilament gillnets made from nylon or similar synthetic materials, is prohibited.

3. Information on fishing activity conducted by U.S. vessels operating in the area shall be included in a trip report form as attached to this Joint Statement. The forms will accompany certificates issued by the Government of Colombia pursuant to the 1983 exchange of notes, and will be completed and submitted by the certificate holder to the appropriate authorities within the Government of Colombia no later than December 31 of the year for which the certificate is valid.

4. Capturing or possessing any spiny lobster Panulirus argus, Latreille, and P. laevicauda, Latreille, with a tail length less than 14 centimeters, is prohibited. The measurement of the tail shall be taken from the anterior upper edge of the first abdominal somite to the posterior edge of the telson, including the natatorial membrane.

5. Capturing or possessing egg-bearing females, or females whose eggs have been forcibly removed, of spiny lobster Panulirus argus, Latreille, and P. laevicauda, Latreille, is prohibited.

6. No factory vessel, defined as a vessel which processes, transforms and packages hydrobiological resources on board, may operate in the area.

The representative of the Government of the United States indicated that nationals and vessels of the United States that receive certificates pursuant to the October 24 and December 6, 1983 exchange of notes will be notified of these conservation measures in effect in the area. The representative also stated that the Government of the United States would not object to the enforcement of these conservation measures by the Government of the Republic of Colombia in the area, provided such enforcement is non-discriminatory and applied to nationals and vessels of the Republic of Colombia and the other States that may fish in the area, and provided further that in the event a vessel of the United States is found to have violated an agreed conservation measure, enforcement by authorities of the Government of Colombia will be to (1) require the vessel to leave the area and (2) notify immediately the Government of the United States of such action in accordance with the provisions of the 1983 exchange of notes.

Both sides agreed that it is necessary to impose appropriate penalties in the event of violation of these conservation measures. They agreed to consult as soon as possible regarding appropriate penalties that U.S. authorities would impose for violations of these conservation measures. The U.S. side emphasized the importance of obtaining information from Colombia to determine whether such penalties could be imposed in a particular case.

Both Delegations reiterated the importance of compliance with provisions established in paragraph 2 of the 1983 exchange of notes regarding reports that U.S. fishing vessels shall make to Colombian authorities on entry into and departure from the area. Both sides will communicate these concerns to the respective U.S. and Colombian interests concerned.

The representatives of both Governments agreed to periodically review these conservation measures and to consult on the implementation of the conservations measures and the desirability of modifying these measures in the future.

6 October 1989

Larry L. Snead Head of Delegation United States of America

[Signature] Head of Delegation Republic of Colombia

Attachment

Vessel name Certificate number

(check one) Documentation number Vessel length_________meters___feet___

Home port Number of crew members_________

Area Fished (check one): Quita Sueno___Roncador___Serrana___ (Use a separate form for each area fished.)

Date commenced fishing in area checked: Year______Month_________Day______

Date departed area checked: Year______Month_________Day______

Catch retained:

			Gear (check one)
Species	Number (optional)	Weight* (check one) kg__ lb__	Trap	Long-line	Hook & line	Diving
*Conch may be reported by either number or weight

If lobster retained, check one: Whole weight_________tail weight_________

If conch retained and reported by weight, check one: Whole weight_________cleaned weight_________

Catch discarded:

Species	Number discarded

If traps fished

    Type (check one): lobster__ fish__

Number fished ____

Mesh size __

Trap size

Average soak time ___ hrs.

If longlines fished:

Number of hooks set

Average soak time ___ hrs.(per day)

If diving:

Man hours worked __hrs.

Captain's Signature_______________________________________________________

Date report filled out Year______Month_________Day_________