BILATERAL / MEXICO
First Update; pages 813-815
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Done at Manzanillo 19 September 1992
Primary source citation: Copy of text provided by the National Marine Fisheries Service, U.S. Department of Commerce
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MEMORANDUM OF UNDERSTANDING MEXUS-PACIFICO
Declarations
1. The Institute, through its Director General, declares that it is a decentralized organ of the Secretariat of Fisheries of Mexico under the terms of Article 41 of the internal regulations of that agency, and that it has, among other powers, those conferred upon it by the Federal Law for Fisheries and by other laws, in conformity with the manual of procedures and any other provisions established by the Secretary of Fisheries. It is also authorized to carry out activities in conjunction with other agencies and entities of the Federal Government and with the institutes of higher learning that may engage in research programs with it.
Mexican legislation of special relevance to this memorandum includes the Federal Law of the Sea, the Federal Law for Fisheries, and other applicable provisions.
2. The Science and Research Director declares that the Southwest Fisheries Center is a unit of the National Marine Fisheries Service authorized to conduct fishery research in accordance with Federal laws concerning living marine fishery resources and their environment. Under these laws, the Center is authorized to carry out activities coordinated with other agencies and entities of the Federal Government and with other institutions for purposes of conducting fisheries research programs. U.S. legislation of relevance to this memorandum includes the American Fisheries Promotion Act of 1980, the Magnuson Fishery Conservation and Management Act of 1976, and the Marine Mammal Protection Act of 1972. 3. The purpose of this memorandum is to develop and coordinate a program of cooperation between the Parties for conducting research and technical cooperation projects on the western coast of the states of Baja California and Baja California Sur in Mexico and the coast of the state of California in the United States, with a view to furthering knowledge of the fishery resources of these areas.
In view of the foregoing, both Parties agree to comply with the following:
Clauses
First: The Center and the Institute agree that the purpose of this memorandum is the coordinated conduct of research and cooperative technical projects with a view to furthering knowledge of the fishery resources of the region described above, both on the high seas and in the exclusive economic zones of the two countries.
Second: The fishery resources on which research shall be conducted under this memorandum are the following:
1.Anchovy (Engraulis mordax)
2.Pacific sardine (Sardinops sagax caerulea)
3.Jack mackerel (Trachurus symmetricus)
4.Pacific mackerel (Scomber japonicus)
5.Squid (Loligo opalescens, Dosidicus gigas and Ommastrephes spp.)
6.Sea turtles, including the loggerhead (Caretta caretta)
Third: With a view to implementing this memorandum, a joint committee shall be established, composed of members of the Center and the Institute. The committee shall have the following duties:
1.To determine jointly the program of correlated research and technical projects;
2.To supervise the progress of the work and determine the number and purpose of research cruises; and
3.To compile and publish the research results.
Fourth: Specific subcommittees shall be established and shall prepare annual work programs in which the number and purpose of research cruises shall be determined.
Fifth: To carry out the two previous clauses, each Party will designate an individual in each of the research areas specified in the second clause.
Sixth: An annual meeting shall be held to evaluate the work done during the preceding year and to establish the program for each following year. The Parties agree that the meeting will be held during May. At these meetings, the list of research areas included in Clause 2 will be reviewed and may be modified or expanded, if necessary, by the mutual agreement of the Parties.
Seventh: In the event that the programs agreed upon involve cruises or research in jurisdictional zones of Mexico or the United States, these shall comport with applicable national legislation. Applications for research permits shall be processed through diplomatic channels sufficiently in advance.
The terms and conditions set forth in applicable national legislation shall be defined in the respective permits.
Eighth: The two Parties agree that the results of any coordinated research conducted under this memorandum shall be submitted to the consideration of the fishery authorities of the two countries--both the National Marine Fisheries Service and the Secretariat of Fisheries.
Furthermore, they agree that these results shall not constitute a legal basis for any claim over any part of the marine environment or its resources under the terms of international law.
Ninth: The Center and the Institute agree that no part of this Memorandum of Understanding shall prejudice the positions held by their respective governments with respect to the Law of the Sea. Each Party also agrees to refrain from activities or unilateral measures that violate the sovereignty of the other Party.
Tenth: The activities planned under this memorandum shall be subject to the availability of both manpower and funds.
Eleventh: The Parties agree that this memorandum shall be in effect from the date of its signing. The memorandum can be modified by mutual consent or terminated by either Party with 6 months written notification. The Parties can also agree to additional undertakings regarding specific activities covered in this memorandum.
The Parties, aware of the content and scope of the declarations and clauses of this memorandum, hereby sign it in the city of Manzanillo on September 19, 1992. Done in duplicate in the English and Spanish languages, both texts being equally authentic.
For the Southwest Fisheries Center [Signature] Dr. Izadore Barrett Science and Research Director For the National Institute of Fisheries [Signature] Dra. Margarita Lizarraga Saucedo Director General
Witnesses: [Signature] Dr. William W. Fox, Jr. Assistant Administrator for Fisheries
[Signature] Lic. Carlos Camacho Gaos Undersecretary for Fisheries Promotion and Development