Agreement Between The Government Of The United States of America And The Government Of The Union Of Soviet Socialist Republics On Certain Fishery Problems In The Northeastern Part Of The Pacific Ocean Off The Coast Of The United States of America

Filename: 1971-US-USSRNortheasternPacificUSCoastFisheries.EN.txt
Source: UNTS 11066, 18

Agreement Between The Government Of The United States Of America And The Government Of The Union Of Soviet Socialist Republics On Certain Fisheries Problems In The Northeastern Part Of The Pacific Ocean Off The Coast Of The United States Of America

Source: UNTS 11066, 18

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

Being mutually interested in having the fisheries in the northeastern part of the Pacific Ocean off the coast of the United States conducted with due attention to their respective interests, and

Considering it desirable that the fisheries in the said area be conducted with due regard to the conservation of fish stocks, and that measures be taken to prevent damage to the fishing gear used by fishermen of the two countries,

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:

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

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, within the scope of its domestic laws and regulations, facilitate entry into appropriate ports for research vessels of the other Government engaged in joint research.

2. Fishing vessels of the Soviet Union may fish and conduct loading operations within the nine-mile zone contiguous to the territorial sea of the United States in the following areas:

a) In the Gulf of Alaska between 140° 30' west longitude and 142° 30' west longitude.

b) Off the Bering Sea coast of the Aleutian Islands:

between 169° and 172° west longitude;

west of 176° west longitude;

from February 16 to September 14 inclusive, between 165° and 169° west longitude;

from April 1 to October 31 inclusive, between 172° and 176° west longitude.

c) Off the Pacific Ocean coast of the Aleutian Islands:

between 169° and 172° west longitude;

west of 178° 30' west longitude;

from February 16 to September 14 inclusive, between 166° and 169° west longitude;

from April 1 to October 31 inclusive, between 172° and 178° 30' west longitude.

Fishing effort in these areas will not exceed 1966 levels. In this connection, statistics on fishing effort and catches by species in these areas will be provided on a regular basis.

3. In addition, fishing vessels of the Soviet Union may conduct loading operations in the following areas within the nine-mile zone contiguous to the territorial sea of the United States:

On the north side of Nunivak Island in the Bering Sea between 166° 39' and 166° 51' west longitude, and on the south side of Nunivak Island between 165° 49' and 166° 01' west longitude.

On the north side of St. Matthew Island in the Bering Sea between 172° 29' and 172° 46' west longitude and on the south side of St. Matthew Island between 172° 17' and 172° 35' west longitude and between 172° 54' and 173° 04' west longitude.

On the north side of Unalaska Island between 167° 30' and 167° 35' west longitude.

On the west side of Sanak Island in the waters bounded on the north by 54° 36' north latitude, on the south by 54° 26' north latitude, on the west by 163° 05' west longitude, and on the east by 162° 40' west longitude.

Near the Semidi Islands in the Gulf of Alaska between 56° and 56° 19' north latitude.

North of Marmot Island in the Gulf of Alaska between 151° 42' and 151° 52' west longitude.

On the east side of Kayak Island in the Gulf of Alaska between 59° 52' and 59° 56' north latitude west of 143° 53' west longitude, and on the west side of Kayak Island between 59° 56' and 60° 00' north latitude.

Near Forrester Island in the waters bounded on the north by 54° 54' north latitude, on the east by 133° 16' west longitude, and on the south by 54° 44' north latitude.

4. The Government of the Soviet Union will adopt the measures necessary to ensure that nationals and vessels of the Soviet Union:

Refrain from fishing in the waters off the Pacific coast of the United States between 46° 14' and 46° 56' north latitude landward of the isobath of 110 meters;

Refrain from concentrating fishing vessels during the period from June 15 to September 15 inclusive between 47° 54' and 48° 28' north latitude east of 125° 10' west longitude;

During the period May 7 to May 21 inclusive, refrain from fishing in the following areas:

(1) The area enclosed by straight lines connecting the following coordinates in the order listed:

North Latitude[TAB]West Longitude

59°[TAB]28'[TAB]150°[TAB]00'

59°[TAB]28'[TAB]147°[TAB]41'

58°[TAB]30'[TAB]148°[TAB]30'

58°[TAB]42'[TAB]150°[TAB]20'

59°[TAB]28'[TAB]150°[TAB]00'

(2) The area enclosed by straight lines connecting the following coordinates in the order listed;

North Latitude[TAB]West Longitude

58°[TAB]05'[TAB]150°[TAB]27'

58°[TAB]05'[TAB]148°[TAB]47'

57°[TAB]40'[TAB]150°[TAB]05'

58°[TAB]05'[TAB]150°[TAB]27'

(3) The waters seaward of the nine-mile zone contiguous to the territorial sea of the United States in the area enclosed by straight lines connecting the following coordinates in the order listed:

North Latitude[TAB]West Longitude

56°[TAB]24'[TAB]156°[TAB]30'

56°[TAB]18'[TAB]155°[TAB]48'

55°[TAB]31'[TAB]156°[TAB]04'

55°[TAB]30'[TAB]156°[TAB]31'

56°[TAB]24'[TAB]156°[TAB]30'

d) During the period September 15 to February 15 inclusive, refrain from trawling in the waters seaward of the nine-mile zone contiguous to the territorial sea of the United States in the area enclosed by straight lines connecting the following coordinates in the order listed:

North Latitude[TAB]West Longitude

54°[TAB]10'[TAB]163°[TAB]04'

53°[TAB]28'[TAB]166°[TAB]00'

54°[TAB]00'[TAB]166°[TAB]00'

54°[TAB]00'[TAB]165°[TAB]00'

54°[TAB]33'[TAB]164°[TAB]00'

54°[TAB]33'[TAB]163°[TAB]04'

54°[TAB]10'[TAB]163°[TAB]04'

It is agreed that in the above area west of 164° 45' west longitude trawling may be conducted during the said period of time at depths of 200 meters or greater.

5. Both Governments will take appropriate measures to ensure that their nationals and vessels refrain from:

Conducting bottom trawl fishing along the coast of the United States of America in the northeastern Pacific Ocean between the isobaths of 200 and 600 meters during the period December 15 to April 30 inclusive in the following areas:

(1)[TAB]48°[TAB]10' to 47°[TAB]35' north latitude

(2)[TAB]47°[TAB]00' to 46°[TAB]08' north latitude

(3)[TAB]45°[TAB]50' to 45°[TAB]35' north latitude

(4)[TAB]45°[TAB]09' to 44°[TAB]41' north latitude

(5)[TAB]44°[TAB]10' to 43°[TAB]37' north latitude

(6)[TAB]42°[TAB]00' to 41°[TAB]15' north latitude.

Conducting a specialized fishery for rockfish in the waters off the coast of the United States of America south of 48° 10' north latitude. In this connection, the annual incidental catch of rockfish by nationals and vessels of the two countries in this area shall not exceed the 1969 level, and the masters of fishing vessels will be instructed to avoid conducting fishing operations in areas of rockfish concentrations. For purposes of this Agreement, the term "incidental catch" means a catch taken unintentionally in the course of conducting a specialized fishery for other species.

The provisions of this paragraph shall not apply to vessels under 110 feet in length.

6. The two Governments will take effective measures to prevent the use by their nationals and vessels of liners of such mesh size as to retain immature fish in trawling for bottom fish, and will also take all measures necessary to ensure the use in fishing for hake of bottom trawls with a mesh size in any of the parts no less than 60 to 70 millimeters or 2.4 to 2.8 inches, stretched mesh, including one knot (two bars). It is agreed that there will be no marked change in the manner in which bottom trawl gear is rigged and operated in 1971 and 1972.

7. The two Governments will take appropriate measures to ensure that their nationals and vessels refrain from fishing with mobile gear during the periods specified below at depths between 200 and 1000 meters and, bearing in mind the provisions of paragraph 9 of the Agreement, take additional precautions to avoid gear conflicts during the next seven days in the three areas enclosed by straight lines connecting the following coordinates in the order listed:

March 22 to 27 inclusive:

North Latitude[TAB]West Longitude

55°[TAB]04'[TAB]167°[TAB]18'

54°[TAB]44'[TAB]166°[TAB]14'

54°[TAB]30'[TAB]166°[TAB]24'

54°[TAB]34'[TAB]167°[TAB]14'

54°[TAB]50'[TAB]167°[TAB]38'

55°[TAB]04'[TAB]167°[TAB]18'

March 22 to 27 inclusive:

North Latitude[TAB]West Longitude

56°[TAB]18'[TAB]170°[TAB]24'

56°[TAB]20'[TAB]169°[TAB]03'

56°[TAB]12'[TAB]168°[TAB]46'

55°[TAB]56'[TAB]169°[TAB]10'

55°[TAB]56'[TAB]170°[TAB]24'

56°[TAB]18'[TAB]170°[TAB]24'

March 17 to 22 inclusive:

North Latitude[TAB]West Longitude

58°[TAB]32'[TAB]174°[TAB]52'

58°[TAB]40'[TAB]174°[TAB]20'

57°[TAB]02'[TAB]173°[TAB]00'

56°[TAB]52'[TAB]173°[TAB]44'

58°[TAB]32'[TAB]174°[TAB]52'

8. The Government of the United States of America will take appropriate measures to ensure the following:

Special measures will be taken to facilitate the entry of no more than four Soviet fishing vessels or fishery support vessels each month into each of the Ports of Seattle, Washington and Portland, Oregon. The Government of the United States will accept applications for entry into the Ports of Seattle and Portland pursuant to this paragraph either at the Embassy of the United States of America at Moscow or at the Department of State in Washington at least seven days prior to entry. Applications may be made in Washington either by the Embassy of the Union of Soviet Socialist Republics or by a commercial shipping agent designated by the appropriate Soviet authorities.

The Government of the United States at its Embassy in Moscow will accept crew lists in application for visas valid for a period of six months and for multiple entries into United States ports pursuant to the provisions of this paragraph. Such a crew list shall be submitted at least 21 days prior to the first entry of a vessel into a port of the United States. Submission of an amended (supplemental) crew list subsequent to departure of a vessel from Soviet ports will also be subject to the provisions of this sub-paragraph, provided that visas issued thereunder shall only be valid for six months from the date of issuance of the original crew list visa. Application for port entry under sub-paragraph (a) of this paragraph shall specify whether shore leave is requested under such a multiple entry visa.

Subject to the provisions of the Agreement, it is understood that the entry of Soviet vessels into any United States port is subject to the applicable laws and regulations of the United States.

Each of the above understandings may be modified by mutual consent at any time.

9. Each Government will take appropriate measures with regard to areas of heavy concentration of fishing operations of both countries directed at prevention of damage to fishing gear, including:

Measures leading to improvement of the means for marking fixed fishing gear and for reciprocal notification of areas in which fixed gear is concentrated;

Measures to ensure that fixed gear is set with due regard for the operation of mobile gear;

Measures to ensure that vessels operating with mobile gear will pass clearly marked fixed gear at a distance of not less than 400 meters from the nearest marker.

Both Governments will take appropriate measures to ensure that, to the extent practicable, waste materials are discharged at sea only in waters deeper than 1,000 meters. United States fishery authorities and Soviet fishing fleet commanders will inform each other of the location of items of fishing gear or other materials lost overboard which constitute a danger to fishing operations on common fishing grounds.

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 northeastern part of the Pacific Ocean. Such visits may be arranged on mutually agreed terms determined in each particular case by the Regional Director of the United States National Marine Fisheries Service in Seattle, Washington or Juneau, Alaska, as may be appropriate, and the Chief of the Joint Expedition of the Main Administration of DALRYBA. It is agreed that at least two such visits should be arranged during each fishing season.

Should a change in the dates of closure of the areas specified in para-graph 4 (c) or paragraph 7 of the Agreement become necessary, the two Governments will consult through diplomatic channels, at the request of either Govern-ment, with a view to an appropriate change in such dates.

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.

This Agreement shall replace the Agreement of February 13, 19671 between the two Governments on certain fishery problems in the northeastern Pacific Ocean, as extended December 18, 19672 and as amended and extended January 31, 1969.3 This Agreement shall remain in effect for a period of two years. 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 its operation and to decide on future arrangements.

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

DONE at Washington, February 12, 1971, in duplicate, in the English and Russian languages, 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