Agreement Between The Government Of The United States of America And The Government Of The Union Of Soviet Socialist Republics On Certain Fishery Problems On The High Seas In The Western Areas Of The Middle Atlantic Ocean

Filename: 1970-US-USSR-FisheriesProblemsWesternMiddleAtlantic.EN.txt
Source: Ruster and Simma Vol. VII, p. 3153.

Agreement Between The Government Of The United States Of America And The Government Of The Union Of Soviet Socialist Republics On Certain Fishery Problems On The High Seas In The Western Areas Of The Middle Atlantic Ocean

Source: Ruster and Simma Vol. VII, p. 3153.

The Government of the United States of America and the Government of the Union of Soviet Socialist Republics,

Considering it desirable that the fisheries in the Western areas of the high seas in the Middle Atlantic Ocean be conducted on a rational basis with due attention to their mutual interests, proceeding from generally recognized principles of international law,

Considering it necessary to conduct the fisheries in the said areas with due consideration of the state of fish stocks, based on the results of scientific investigations, for the purpose of ensuring the maintenance of maximum sustainable yields and the maintenance of the said fisheries,

Taking into account the need for expanding and coordinating scientific research in the field of fisheries and the exchange of scientific data,

Have agreed on the following :

1. The Government of the United States of America and the Government of the Union of Soviet Socialist Republics consider it desirable to expand research pertaining to the species of fish of interest to both parties, on a national basis as well as in the form of coordinated research according to agreed programs. The competent agencies of both Governments shall ensure the following, at least on an annual basis :

a) An exchange of scientific and statistical data, published works and the results of fishery research;

b) Meetings of scientists and, in appropriate cases, the participation of the scientists of each Government in fishery research conducted on the research vessels of the other Government.

Each Government will take the necessary steps to ensure that its competent agencies conduct the corresponding fishery research and develop the most rational fishing technology in accordance with a coordinated program, which has been developed by the scientists of both countries.

2. The Government of the United States of America and the Government of the Union of Soviet Socialist Republics, for the purpose of reproduction and maintenance of fish stocks, will take appropriate measures to ensure that their citizens and vessels will:

a) Refrain from fishing during the period from January 1 through April 15, to ensure access of red hake and silver hake to the spawning grounds and to protect certain winter concentrations of scup and flounders; said abstention will apply to an area of the Mid-Atlantic bounded by straight lines connecting the following coordinates in the order listed:

North Latitude [TAB] West Longitude

40°O5' [TAB] 71° 40'

39°50' [TAB] 71°40'

37° 50' [TAB] 74° 00'

37° 50' [TAB] 74° 25'

38° 24' [TAB] 73° 44'

39° 40' [TAB] 72° 32'

b) Refrain from increasing the catch of red hake, silver hake, scup, flounders, and black sea bass above the 1967 levels in the waters situated west and south of Sub-area 5 of the Convention area of the 1949 International Convention for the Northwest Atlantic Fisheries and north of 34° North Latitude;

c) Refrain, in the waters specified in sub-paragraph b of this paragraph, from conducting specialized fisheries for scup and flounders in all instances, and from increasing their incidental catch of these species, that is, the catch taken unintentionally when conducting specialized fisheries for other species;

d) Refrain, in the waters specified in sub-paragraph b of this paragraph, from fishing menhaden during the period from January 1 through April 30;

e) The provisions of sub-paragraphs a, b, and c of this paragraph shall not apply to vessels under 110 feet in length, nor to vessels fishing for crustacea or molluscs.

3. Both Governments will take appropriate measures to ensure that their citizens and vessels will, in the waters covered by this Agreement, conduct their fishing with due regard for the conservation of the stocks of fish.

4. Fishing vessels of the Union of Soviet Socialist Republics may conduct loading operations in the waters of the nine-mile fishery zone contiguous to the territorial sea of the United States of America in the following areas bounded by straight lines connecting the coordinates in the order listed :

a) during the period from November 15 through May 15

North Latitude [TAB] West Longitude

40° 44' 00" [TAB] 72° 27' 00"

40° 38' 00" [TAB] 72° 27' 00"

40° 34' 31" [TAB] 72° 40' 00"

40° 32' 41" [TAB] 72° 46' 26"

40° 32' 32" [TAB] 72° 53' 26"

40° 36' 54" [TAB] 72° 53' 26"

40° 40' 55" [TAB] 72° 40' 00"

b) during the period from September 15 through May 15

North Latitude [TAB] West Longitude

39° 38' 05" [TAB] 74° 02' 06"

39° 35' 06" [TAB] 73° 55' 24"

39° 32' 30" [TAB] 73° 57' 18"

39° 35' 30" [TAB] 74° 04' 00"

5. Fishing vessels of the Union of Soviet Socialist Republics may fish fish during the period from January 1 through March 31, within the nine-mile fishery zone contiguous to the territorial sea of the United States of America, in the waters bounded by straight lines connecting the following coordinates in the order listed:

North Latitude [TAB] West Longitude

40° 40' 55" [TAB] 72° 40' 00"

40° 34' 31" [TAB] 72° 40' 00"

40° 32' 41" [TAB] 72° 46' 26"

40° 32' 32" [TAB] 72° 53' 26"

40° 36' 54" [TAB] 72° 53' 26"

6. Each Government will, within the scope of its domestic laws and regulations, facilitate entry into appropriate ports for fishing and fishery research vessels of the other Government. This shall apply with respect to the procedure for presenting crew lists for the above-mentioned vessels and to the providing of fresh water, fuel and provisions.

7. Under conditions of force majeure, each Government will, within the scope of its domestic laws and regulations, facilitate entry of fishing and fishery research vessels into its respective open ports after appropriate notification has been given.

8. Both Governments consider it useful to arrange, when appropriate, for visits of representatives of fishermen's organizations of the two countries to each other's fishing vessels operating in the western part of the Middle Atlantic. Such visits may be arranged on mutually agreeable terms determined in each particular case by the Regional Director of the National Marine Fisheries Service in Gloucester, Massachusetts and the chiefs of the joint fleet expeditions of the Main Administrations "ZAPRYBA" or "SEVRYBA" as appropriate.

9. Nothing in this Agreement shall be interpreted as prejudicing the views of either Government with regard to freedom of fishing on the high seas or to traditional fisheries.

10. This Agreement constitutes an extension and modification of the provisions of the Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics signed in Washington on December 13, 1968. The present Agreement shall enter into force on January 1, 1971 and shall remain in force through December 31, 1972. At the request of either Government, representatives of the two Governments will meet at a mutually convenient time with a view to modifying the present Agreement. In any event, representatives of the two Governments will meet at a mutually convenient time prior to the expiration of the period of validity of this Agreement to review the operation of this Agreement and to decide on future arrangements.

IN WITNESS WHEREOF the undersigned, being duly authorized for this purpose, have signed this Agreement.

DONE in Washington, December 11, 1970, in duplicate, in English and Russian, both texts being equally authentic.

For the Government of the United States of America :

[Signed]

DONALD L. MCKERNAN

For the Government of the Union of Soviet Socialist Republics

[Signed]

VLADIMIR M. KAMENTSEV