________________________________________

THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / KOREA REPUBLIC OF
Volume(s) 1-3; pages 3253-3263


_________________________________________________

======================================

Agreement Between the Government of the United States of America and the Government of the Republic of Korea Regarding High Seas Driftnet Fisheries in the North Pacific Ocean for the 1991 Fishing Season and Period Through June 1992, Washington, 1991


________________________________


Done at Washington 24 April 1991, 8 May 1991, and 7 August 1991

*( This Agreement expired on 31 December 1992. )*


Primary source citation: Copy of text provided by the U.S. Department of State


_________________________________________

NATIONAL FISHERIES ADMINISTRATION REPUBLIC OF KOREA Daewoo Center Bldg. 541, 5-Ga, Namdaemoon-Ro Seoul Cable: FISHROK Telex: FISHROK K24719. April 24, 1991

Mr. David A. Colson Deputy Assistant Secretary Oceans and Fisheries Affairs Department of State

Dr. William W. Fox, Jr. Assistant Administrator for Fisheries National Marine Fisheries Service Department of Commerce

Dear Mr. Colson and Dr. Fox:

Recalling the general principle of international law that high seas fisheries shall be conducted and managed under the responsibility and initiative of the flag state and in light of the U.S. concern about the possible incidental taking of the U.S. origin anadromous species of fish by driftnet vessels in the high seas of the North Pacific Ocean, I wish to inform you that the Korean Government will implement the enclosed Regulatory Program and Monitoring Program on the Korean squid drift fishery for time periods outlined in the enclosed documents.

Sincerely, Hee Soo Lee Deputy Administrator

Enclosures: Annex I Annex II

Annex I REGULATORY PROGRAM OF THE REPUBLIC OF KOREA ON THE KOREAN SQUID DRIFTNET FISHERIES FOR THE 1991 FISHING SEASON AND PERIOD THROUGH JUNE 1992

The Government of the Republic of Korea adopted regulatory measures in 1984, which have been intensified as of July 1, 1989 as follows:

1.

No driftnet vessel may operate in the North Pacific without a license issued by the appropriate Korean authorities. (No more than 160 driftnet vessel licenses will be issued in 1991.)

2.

Fishing grounds are limited by time and area.

3.

Driftnet vessels are prohibited from retaining anadromous species, even those taken incidentally.

4.

Nets may not be discarded.

5.

Vessels must display name, registration number, and hull number.

6.

Mesh size is restricted to 86 mm or larger.

7.

Fishing gear must be marked for identification.

8.

Vessels must report weekly their daily noon positions.

9.

Vessels must submit catch and effort data.

10.

Catch may be landed only at designated ports, and vessels must be inspected upon landing.

11.

Catch may be transferred at sea only with prior approval.

I.

No driftnet vessel may harvest anadromous species of fish. Any anadromous species of fish incidentally taken in the driftnet fishery are to be immediately returned to the water and included in catch records outlined in Annex II, Paragraph 9(a). All Korean driftnet vessels are to adhere to the following while operating beyond national 200-mile zones.

(a)

Each squid driftnet vessel seeking to operate in the North Pacific Ocean will have a license issued by the appropriate Korean authorities.

(b)

Each squid driftnet vessel will report to the appropriate Korean authorities when it begins and ceases its seasonal fishing operations on the fishing grounds.

(c)

Except for transiting from Korea to the squid fishing grounds and returning to Korea, each driftnet vessel is permitted to conduct activities only in the area west of 145 degrees W longitude and south of the following monthly northern most latitudinal lines of the fishery:

For the area between 160 degrees E and 170 degrees E longitude:

January through April Latitude 36 degrees N

May Latitude 38 degrees N

June Latitude 40 degrees N

July Latitude 42 degrees N

August Latitude 44 degrees N

September Latitude 46 degrees N

October Latitude 44 degrees N

November Latitude 42 degrees N

December Latitude 40 degrees N

For the area between 170 degrees E and 145 degrees W longitude:

December through April Closed to fishing

May Latitude 37 degrees N

June Latitude 40 degrees N

July Latitude 42 degrees N

August Latitude 44 degrees N

September Latitude 46 degrees N

October Latitude 44 degrees N

November Latitude 42 degrees N

(d)

Before the beginning of the 1991 fishing season, all Korean large-scale driftnet vessels that operate in the North Pacific Ocean beyond the national 200-mile zone of the flag state will be equipped with transmitters that will allow automatic, real-time monitoring by both parties of the location and identity of the vessels at all times while at sea beyond the exclusive economic zone of the flag state. All costs associated with the purchase, installation and operation of the transmitters will be borne by the Korean side. Real-time vessel location and identification data and information from the satellite transmitters will be made available to each side under its separate contract with the CLS service Argos at its own expense.

(e)

All marine resources harvested by Korean driftnet vessels must be landed in designated Korean ports. The appropriate Korean authorities will continue a port inspection program to monitor landings from all driftnet vessels and squid transport vessels at all designated Korean ports. The following conditions will apply to at-sea transfers:

(1)

Catches may only be transferred to vessels managed by Korean companies. Before the beginning of the 1991 fishing season, all such transport vessels operating in the North Pacific must be equipped with transmitters monitored by both parties;

(2)

Korean authorities will provide U.S. authorities with a list of the transport vessels;

(3)

The transport vessels, after receiving transfers from squid driftnet vessels in the North Pacific fishing grounds, will navigate directly to the designated Korean ports;

(4)

When a transport vessel intends to carry on an at-sea transfer, prior permission must be obtained from the appropriate Korean authorities. These authorities will promptly forward this information to the appropriate U.S. authorities prior to transfer;

(5)

Detailed records will be kept by all squid transport vessels in connection with the at-sea transfers they carry on, including the name of the fishing vessel from which the transfer is received and the quantity of squid. Upon return of the transport vessel to the designated Korean port, the vessel will immediately report to the competent Korean authorities for inspection.

(f)

Each driftnet vessel will be assigned an international radio call sign (IRCS), which is to be displayed amidships on both the port and starboard sides of the deckhouse or hull, and on a weather deck, in a color in contrast to the background and permanently affixed to the vessel in block Roman alphabet letters and Arabic numerals at least one meter in height. Where the vessel size and/or configuration do not permit display of one meter high letters and numerals, the letters and numerals shall be as large as possible, but no less than 50 centimeters in height.

(g)

Each driftnet vessel is to use methods to identify the driftnet gear it deploys by permanently marking at each 50 meter interval of net with the name of the vessel and its corresponding IRCS call sign. Vessels must be prohibited from discarding used or damaged driftnets and related gear while at sea. Such fishing equipment is to be stowed on the vessel and returned to port for proper disposal upon completion of the vessel's voyage. The location, date, and amount of lost fishing gear must be reported to the appropriate Korean authorities.

(h)

Korean authorities will extend every possible effort to take advantage of any practical new technology using biodegradable net materials, which break into segments that do not represent a significant threat to living marine resources, that may become available. U.S. authorities will provide to the Korean side any useful information regarding the development of biodegradable net materials.

II.

With regard to Paragraph I(a) of this Annex, the Korean authorities will provide U.S. authorities with a list of licensed vessels, including name, corresponding IRCS numbers, transmitter ID number, sample photographs, and a brief standard description of characteristics and configurations which would readily identify the different types of Korean driftnet vessels.

III.

Korean authorities will conduct surveillance and boardings of Korean driftnet vessels, both dockside and at sea. The appropriate Korean and U.S. authorities will coordinate communications between their respective patrol units. At a minimum, the Korean authorities will provide a continuous presence of one dedicated patrol vessel on the fishing grounds during the 1991 fishing season, and two dedicated patrol vessels during June, July and August. During January-June 1992, an enforcement presence at sea will be maintained comparable to that during the same period in 1991, unless violations indicate otherwise.

IV.

Korea and the United States may exchange their appropriate officials to facilitate their respective enforcement and surveillance activities of the driftnet fishery. These exchanges may include:

(a)

participation by the appropriate U.S. officials on Korean enforcement cruises;

(b)

participation by the appropriate Korean officials on U.S. surveillance flights.

V.

Korean authorities will apply sanctions to punish violations of the above regulations adequately. Korean authorities will provide the appropriate U.S. authorities with planned regulatory activities before the fishing season begins. Korean authorities will provide an outline of Korean regulatory activities at the end of the fishing season on the patrols conducted, violations detected, and sanctions imposed. The outline of Korean regulatory activities will include valuations of non-monetary sanctions such as suspended licenses or mandatory in-port periods.

VI.

Korean authorities will utilize to the maximum extent the information supplied by U.S. authorities indicating alleged violations by the Korean squid driftnet fishing and transport vessels in investigation and identification of the violator.

VII.

The Korean authorities will review their regulatory measures regarding the reflagging of Korean driftnet vessels.

Annex II MONITORING PROGRAM OF THE REPUBLIC OF KOREA ON THE KOREAN SQUID DRIFTNET FISHERY FOR 1991 FISHING SEASON

The arrangements described below represent a monitoring program to be implemented in cooperation with U.S. scientists intended to provide information on Korean driftnet fishery operations and catches in the North Pacific Ocean. Under this program, the Korean Government will require each driftnet vessel to collect data on catches of target and non-target species, and Korean and U.S. scientific observers will be deployed on Korean driftnet vessels. The following paragraphs outline the process for collecting, handling and providing data by Korean and U.S. scientific observers aboard Korean commercial driftnet vessels and by Korean vessels.

1.

MONITORING DURING THE 1991 FISHING SEASON:

The Korean Government will implement a cooperative monitoring program with the United States in 1991 with the objective of obtaining statistically reliable data on the catch of target and non-target species by Korean driftnet fisheries in the North Pacific Ocean. The Korean Government will provide by April 1, 1991 the names of a sufficient number of vessels which are fully seaworthy and equipped to maintain the health and safety of scientific observers who will participate in the 1991 monitoring programs. The 1991 program will include the following:

At least 13 U.S. and 13 Korean scientific observers will be deployed aboard 26 Korean commercial driftnet vessels to observe 45 or more driftnet retrievals on each vessel;

2.

DATA COLLECTION, AND AGREED PROCEDURES:

A.

Data to be Collected: For each operation, observers will collect the following data according to standardized procedures and format:

(a)

Information on fishing methods including net mesh-sizes, method of net deployment (i.e., whether the vessel fished individually or in conjunction with other vessels), depth of the top of the net from the water surface, total net depth from corkline to lead line, true compass direction of the set, length (m) of a pok of net (as measured by the observer), number of poks per net section, number and arrangement of net sections deployed per net set, and poks of net lost or discarded, description of net materials, number of driftnet vessels fishing in an array and number of such arrays in the area (within 15 nm of the observer vessel as determined from the radio officer's daily ‘array chart’ and RADAR);

(b)

Environmental conditions at the beginning and again at the ending of each net deployment, including: surface water temperatures, weather conditions (wind speed and direction), and sea condition (swell height);

(c)

Date and location of net at the time of the beginning and the end of the set and at retrieval to nearest minute of latitude and longitude as recorded by the scientific observer directly from the navigation equipment;

(d)

Catches and take of all species, including target species and incidental take species, recorded by each net section observed. Dropout rates will be recorded by U.S. observers according to the procedures as described in section B. below.

(e)

The vertical distribution of seabirds and seabird prey species (such as squid, saury, and pomfret) in the net webbing may be recorded by net section.

(f)

Observers will record biological information from any salmonid incidentally caught. For the 1991 observer program, this information will include the taking of scale samples, species determination, sex, fork length measurement and the collection of snouts from all salmonids missing the adipose fin. Gonad weight will be measured whenever feasible. After sampling the salmonids will be returned to the water, in compliance with domestic regulations. All salmonid information will be exchanged by the appropriate authorities of ROK and the United States by February 1, 1992.

(g)

Observers will record biological information from any sea turtles caught. Carapace measurements will be taken whenever feasible. Whenever conditions permit, turtles taken alive will be freed from net or net fragments, tagged by the observer, and released. Turtles taken aboard dead may be dissected for examination of stomach contents and collection of organs or tissue samples. All biological data from sea turtles will be exchanged by the appropriate authorities of ROK and the United States by April 1, 1992.

(h)

Observers will record biological information and collect biological samples including length measurements from flying squid, albacore and other tunas, billfishes, sharks, and other non-salmonid fishes. All biological data from squid and non-salmonid finfishes will be exchanged by the appropriate authorities of ROK and the United States by April 1, 1992.

(i)

Observers will record biological information and collect biological samples according to the agreed procedures from marine mammals incidentally caught. The data will include species, sex, body length, lactation, pregnancy, fetal length and sex. The samples will include stomachs, tissues, skulls, teeth and reproductive organs. These data will be exchanged by the appropriate authorities of ROK and the United States by April 1, 1992.

(j)

Observers will record biological information and collect biological samples from sea birds incidentally caught according to the agreed procedures. The data will include species, color phase, age, brood patch, culman length, wing length, molt, stomach contents, sex, weight and the collection of and information on, all recovered tags and bands. One whole specimen of each species may be retained and frozen as a voucher specimen by each observer. These data will be exchanged by the appropriate authorities of ROK and the United States by April 1, 1992.

(k)

Observers may record data on sightings of marine mammals and seabirds when the vessel is in transit to a new fishing location. The data will include standard sighting information such as location, environmental conditions, species sighted, number of animals sighted, distance from the vessel, etc. Such sighting activity is not to alter the course or interrupt in any way the normal operations of the vessel, except that access to information on the vessel's position and environmental conditions will be assured.

(l)

Secure freezer space adequate (up to 2 m3 for vessels of 100 gross tons or larger and 1 m3 for vessels smaller than 100 gross tons) to hold biological samples and specimens will be available for the observer. Specimens will be promptly removed from the ship's freezers upon the vessel's arrival in port.

(m)

Observers, without neglecting their duties aboard the host vessel as described herein, may record observations of the fishing operations of vessels from other nations. This activity will consist of visual observation and recording of a description of activities observed and is not intended to disrupt or divert the host vessel in any way from its normal fishing activities. These data will be exchanged by the appropriate authorities of ROK and the United States at the same time as other observer information is exchanged following return of observers to port.

(n)

The vessel captain will provide to the observer information on the quantities of albacore, other species of tuna, swordfish, marlin, and sharks retained by the vessel and the quantities discarded. For the days the observer is aboard the vessel, information will also be provided with regard to on board processing of major species including a description of the various processed forms. In a manner not to interfere with efficient operations of the vessel, observers may collect data to determine the size composition of albacore and other species discarded by the vessel, the size composition of those retained by the vessel, and the relative weights of whole fish and the various processed forms. Guidelines for size composition sampling are described in the official field manual.

B.

Agreed Procedures

Detailed procedures for biological sampling and specific sampling requirements are described fully in the official observer field manual. The general procedures for catch and bycatch data collection and sampling agreed upon by scientists of ROK and U.S. are as follows:

1.

Catch and Bycatch Data Collection Procedures:

(a)

Number of sections to be observed for catch and bycatch records on all animal species: four of every six sections will be randomly selected for monitoring.

(b)

Observers do not work on non-fishing days. Should a vessel fish continuously for many days, the observers may take every 6th consecutive fishing day off.

(c)

Although field data collection forms may differ, all observers will collect data on common variables.

(d)

The computer file of observer data should be common among the two countries at the section level of resolution.

2.

Sampling and Biological Measurements:

Due to the great variety of specialized sampling tasks, certain tasks identified in the official observer field manual will performed routinely by all observers. Other more specialized sampling tasks may be assigned only to designated observers. R.O.K. authorities will extend every possible effort to ensure that all biological sampling tasks are supported.

(a)

Sampling and biological measurements will be done on observed days and observed sections. Sampling should not be done on off duty days and non-observed sections.

(b)

For salmonids, species, fork length and sex will be recorded and scale samples will be taken. Gonad weight may be measured. For salmonids missing the adipose fin, snouts will be collected.

(c)

For marine mammals all observers will record species, sex, body length, and note if females are pregnant and lactating. Sampling of internal organs will only be performed by marine mammal experts on board vessels of more than 300 gross tons.

(d)

For sea birds, the number of incidental take by species will be recorded. Each observer will preserve one specimen of each species during each cruise. Detailed biological measurements and dissection may be done by sea bird experts.

(e)

For albacore and other non-salmonid fishes, fork length or eye length measurements will be taken for the first 30 individuals (minimum) of each species caught each week. All observers will freeze a sample of (whole) albacore less than 30 cm fork length and retain them as biological specimens.

(f)

For flying squid, designated observers will measure the mantle lengths of 30 flying squid randomly sampled from a single observed section each day. A small number of squid specimens will be measured, weighted, and dissected for studies of age and growth and reproductive biology.

(g)

For sea turtles, carapace lengths will be measured on all turtles taken aboard. Stomach or stomach contents will be dissected from dead turtles longer than 35 cm carapace length and frozen. A sample of dead turtles less than 35 cm carapace length will be frozen whole and retained as biological specimens. All turtles taken aboard alive will be measured, photographed, tagged, and released.

3.

All data identified in section 2 ‘Data collection and agreed procedures’ will be recorded daily onto a data form. These forms will be duplicated and exchanged between the parties within 30 days after the Korean and U.S. scientific observers return to port.

4.

Total fishing effort and the total catch in numbers of salmonids and in metric tons of animals of the driftnet fleets will be compiled by 10-day period and month and 1° x 1° statistical areas, for the following species: flying squid, albacore, skipjack tuna, swordfish, marlin, yellowtail, pomfret, sharks, and other fishes. Such data shall be provided to the appropriate authorities of the United States by May 30, 1992. The number of vessels by type are also to be provided to the appropriate authorities of the United States by May 30, 1992. Three measures of effort are to be reported for the fishery: the cumulative number of standardized poks (50m standard pok length), number of vessels fishing and vessel days of operations.

5.

Using 1991 observer data and any other pertinent data such as logbook data which is acceptable to both sides, the appropriate organizations of the two sides will jointly compile a preliminary data set of average catch rates of all species by April 1, 1992. To facilitate the compilation of the preliminary data set, Korean and U.S. scientists will meet at an agreed upon location. A report, which includes the data set and which reviews all the data identified in section 2 ‘Data collection and agreed procedures’ collected by Korean and U.S. scientific observers during 1991, will be jointly produced by May 31, 1992. If there are disagreements between the two sides pertaining to report, the differences will be presented therein.

6.

All observed field data per set will not be opened to the public. The final report of the observations made by the scientific observers will not be opened to the public until its completion as specified in paragraph 5.

7.

Logistical arrangements necessary to implement the 1991 program outlined above, including, inter alia, the selection of the host fishing vessel, probable fishing areas and periods of observation, and the schedule of transport vessels used to embark and disembark the observer are agreed to in the ‘Arrangement Between the National Fisheries Research and Development Agency of the Republic of Korea (ROK) and the National Marine Fisheries Service Alaska Fisheries Science Center of the United States Regarding Implementation of Monitoring Program of the ROK on the Korean High Seas Squid Driftnet Fisheries for the 1991 Fishing Season’ signed by on .

8.

The scientific observers will take all reasonable measures to ensure minimum interference with the fishing activities of the host vessels.

9.

The Korean Government will require squid driftnet vessels operating in the North Pacific Ocean to gather and report catch data as follows:

(a)

Each driftnet vessel must maintain 10-day records of harvests of target species, incidental takes of anadromous species, marine mammals, seabirds, and other living marine resources, and fishing effort, delineated by 1 degree latitude and 1 degree longitude areas, and provide such fishery records to the appropriate Korean authorities at the end of the fishing season.

(b)

Each driftnet vessel must validate the time and the location of catch and fishing effort, including the use of location records from an automatic navigation system, and will report such data to the appropriate Korean authorities. Driftnet vessels with Naval Navigation Satellite System (NNSS) equipment capable of printing a record of location will be required to record their daily noon position on printed tape.

10.

Korean authorities will compile the data specified in paragraph 9(a) by May 30, 1992 so that both sides may cooperatively monitor scientific aspects of the fishery. Korean authorities will compile the data specified in paragraph 9.(b) and make them available at the request of the appropriate authorities of the United States.

3.

RESEARCH COORDINATION

A.

Recognizing that the Republic of Korea and the United States are conducting research programs relevant to the interpretation of driftnet fisheries observer data, the range and scope of potential cooperation in these programs should be thoroughly considered prior to implementations of the 1991 driftnet fisheries observer program. Korean and U.S. scientists familiar with these programs will exchange views on potential collaboration.

Discussions will include:

(a)

current and anticipated research on the biology and population dynamics of species taken in the North Pacific driftnet fisheries;

(b)

current and anticipated research on the physical and biological oceanography of the high seas driftnet fishing area;

(c)

current and anticipated research plans and development of fisheries technologies relevant to driftnet fisheries and the avoidance of non-target species; and

(d)

research vessel and chartered fishing vessel activities for the North Pacific high seas region in 1991.

B.

A report on results of the 1991 research cruises in the driftnet fishing areas will be provided to the appropriate authorities of the Republic of Korea and the United States within 90 days after the completion of the cruises.

C.

Reports of results of other research related to the high seas driftnet programs will be provided to the appropriate authorities of the Republic of Korea and the United States upon completion.

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

May 8, 1991

Mr. Hee Soo Lee Deputy Administrator National Fisheries Administration Republic of Korea

Dear Mr. Lee:

In view of the general principles of international law that fisheries for anadromous stocks shall be conducted only in waters landward of the outer limits of exclusive economic zones, and that all states have the duty to cooperate with other states in taking measures necessary for the conservation of the living resources of the high seas, the United States welcomes the Korean Government's commitments to take the actions described in the Regulatory Program and Monitoring Program on the Korean squid driftnet fishery, as enclosed in your letter of April 24, 1991, and places great reliance on the commitment of the Korean Government to implement fully the scientific monitoring and regulatory programs outlined for the time periods provided in the Annexes enclosed in your letter.

The U.S. Government reaffirms its support for United Nations General Assembly Resolutions 44/225 and 45/197. We are pleased to participate in programs designed to collect and share scientific data. Our participation in these programs, however, does not signify our satisfaction with, or approval of, the measures described in your letter and Annexes as effective to prevent unacceptable impacts of these fisheries on the living marine resources of the North Pacific or to ensure the conservation of these resources.

Sincerely, David A. Colson Deputy Assistant Secretary Oceans and Fisheries Affairs Department of State

Dr. William W. Fox, Jr. Assistant Administrator for Fisheries National Marine Fisheries Service Department of Commerce

Department of State Washington

May 8, 1991

The Department of State refers the Embassy of the Republic of Korea to the Record of Understandings between the representatives of the United States and the Republic of Korea regarding Korea's high seas squid driftnet fishery in the North Pacific Ocean. The Department of State further refers to the temporary arrangements outlined in the Record of Understandings.

If the enclosed Record of Understandings is acceptable to the Government of the Republic of Korea, the Department of State proposes that this note and the Embassy of the Republic of Korea's note in reply confirming the acceptance by the Government of the Republic of Korea of the temporary arrangements shall constitute an agreement between the two governments, which shall enter into force on the date of the Embassy of the Republic of Korea's note in reply and shall remain in force through June 30, 1992. D.A.C. Enclosure: Record of Understandings

RECORD OF UNDERSTANDINGS

Representatives of the United States and the Republic of Korea agree to the following temporary arrangements through June 1992:

a) Officials of one party, upon encountering a driftnet vessel of the other party that they desire to visit to verify compliance with driftnet fishing regulations, shall transmit to the appropriate officials of the other party a request to conduct a cooperative visit.

b) If the officials of the other party find that they are unable to join in the cooperative visit and verification, they will cooperate and assist the officials of the requesting party to conduct the visit and verification. In those cases where the on-scene officials of the requesting party find that officials of the other party are not immediately present to join in the visit and verification, the officials of the requesting party will initiate the visit and verification.

c) The visiting officials may verify compliance with driftnet fishing regulations, remove any anadromous species on board, document incidental catches of marine mammals, seabirds, and anadromous species, and take representative samples of those resources.

d) Officials of the party conducting the visit and verification shall take all reasonable measures to ensure a minimum of interference to legitimate fishing operations of the driftnet vessel. The officials will conduct their operations in accordance with applicable rules of international law and practice.

e) Upon arrival of officials of the other party, the officials of the two parties shall jointly continue the visit and verification.

f) If the officials of the other party do not arrive before the officials of the requesting party complete the visit and verification, the authorities of the requesting party will notify promptly the authorities of the other party of the results of the visit and verification and will consult with the authorities of the other party regarding the disposition of the violations detected.

g) When no violation is detected as a result of the verification activities, the visiting officials shall immediately withdraw from the vessel.

h) The appropriate authorities will ensure that the visit and verification procedure for driftnet vessels will also apply to all transport vessels.

Washington, D.C. May 8, 1991

The Embassy of the Republic of Korea refers to the Department of State's note dated May 8, 1991, regarding the Record of Understandings and the temporary arrangements outlining enforcement activities contained therein for the Korean squid driftnet fishery for the period through June 30, 1992. The Government of the Republic of Korea will make every effort to accept the Record of Understandings through an exchange of diplomatic notes. Until such time as the Government of the Republic of Korea has completed its internal procedures and formally accepts the Record of Understandings, the Government of the Republic of Korea will provisionally observe the arrangements outlined in the Record of Understandings.

K.H. Chang For the Embassy of The Republic of Korea

EMBASSY OF THE REPUBLIC OF KOREA WASHINGTON, D.C. August 7, 1991

The Embassy of the Republic of Korea has the honor to acknowledge the receipt of the Department of State's note dated May 8, 1991, which reads as follows:

‘The Department of State refers the Embassy of the Republic of Korea to the Record of Understandings between the representatives of the United States and the Republic of Korea regarding Korea's high seas squid driftnet fishery in the North Pacific Ocean. The Department of State further refers to the temporary arrangements outlined in the Record of Understandings.

If the enclosed Record of Understandings is acceptable to the Government of the Republic of Korea, the Department of State proposes that this note and the Embassy of the Republic of Korea's note in reply confirming the acceptance by the Government of the Republic of Korea of the temporary arrangements shall constitute an agreement between the two governments, which shall enter into force on the date of the Embassy of the Republic of Korea's note in reply and shall remain in force through June 30, 1992. Enclosure: Record of Understandings Department of State, Washington,’

The Embassy of the Republic of Korea has further the honor to accept on behalf of the Government of the Republic of Korea the temporary arrangements outlined in the Record of Understandings, and to agree that the Department of State's note and this note in reply shall constitute an agreement between the two Governments which will enter into force on the date of this note in reply and shall remain in force through June 30, 1992.

*See page 3261 for Record of Understandings.>

K.H. Chang