MEMORANDUM OF UNDERSTANDING on MARINE MAMMALS
The Representatives of the Government of the United States of America and the Government of Japan have agreed to record the following in connection with Article X and Paragraph 1(d)(3) of the 1986 Amended Annex to the International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended (hereinafter referred to as "the Convention") by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean signed on April 25, 1978. This memorandum of understanding is intended to cover the period until June 9, 1990, and as long as the Japanese gillnet salmon fishing vessels are permitted to fish in the areas designated as the United States Exclusive Economic Zone by the Presidential Proclamation of March 10, 1983 (hereinafter referred to as "the EEZ").
1. The Governement of Japan will provide the following statistical data in computerized format to the Government of the United States within six months of annual termination of the fishery:
(a) For the mothership gillnet salmon fishery, number and species of all marine mammals, particularly Dallfs porpoise (Phocoenoides dalli), taken by 1° x 1° INPFC statistical area and 10-day period.
(b) For the landbased gillnet salmon fishery, number and species of all marine mamals taken, particularly Dallfs porpoise, by fishing effort, 2° x 5° INPFC statistical area and 10-day period for the 1987 fishing season and 1° x 1° INPFC statistical area and 10-day period for the 1988 and 1989 fishing seasons.
(c) For salmon research vessels, number and species of all marine mammals, particularly Dallfs porpoise, taken by location (longitude and latitude) and date with corresponding effort in number of tans used, noting where possible, the size of mesh in which the animal became entangled.
(d) The numbers of marine mammals, particularly Dallfs porpoise, taken, include those which:
(i) Become entangled in salmon gillnets but are lost (drop out) as the gillnets are hauled;
(ii) Become entangled but escape alive or are released alive during hauling;
(iii) Are captured and brought aboard during hauling.
2. Scientists of the United States and Japan will develop and conduct a three-year cooperative program commencing June 10, 1987, on the most effective research for determining the status and trends of populations of marine mammals concerned, particularly Dallfs porpoise. They will consult annually on the results of previous research, review details of research plans for subsequent field season, make modifications to proposed research and on research leading to methods of reducing or eliminating the incidental take of Dallfs porpoise in the Japanese mothership gillnet salmon fishery.
3. Scientists of the United States and Japan will exchange all data under the programs referred to in paragraph 2, and will independently or jointly analyze such data, including:
(a) Data on incidental take of Dallfs porpoise and other marine mammals, as indicated in paragraph 1 above;
(b) Sighting data to determine Dallfs porpoise abundance;
(c) Biological data taken from Dallfs porpoise to study life history, to estimate biological and reproductive parameters, and to determine stock differentiation, if any;
(d) Data on results of all experiments and field observations aimed at reducing or eliminating the incidental take of Dallfs porpoise.
4. Progress reports on research will be submitted to annual meetings of the INPFC Bilogy and Research Marine Mammal Sub-Committee. Scientists of the United States and Japan will each prepare final research reports for the preceding three year research period to be made available to both governments no later than February 1, 1990.
5. To monitor incidental take of marine mammals and verify the data on incidental take of marine mammals in the Japanese mothership gillnet salmon fishery:
(a) The Government of Japan will take necessary measures to ensure, for the period covered by this memorandum, that marine mammal scientific observers of the United States will be accepted on board catcherboats to make observations on incidental take of marine mammals, and to record data on environmental conditions and on gear characteristics throughout the duration of the operations within the U.S. EEZ.
(b) The Government of Japan will take necessary measures to place Japanese scientific observers on board catcherboats to make observations of incidental take of marine mammals and to record data on environmental conditions and on gear characteristics throughout the fishing season inside and outside the U.S. EEZ.
(c) The Government of Japan will take necessary measures to ensure that for each catcherboat and each set made within and outside the U.S. EEZ, accurate records in accordance with the categories defined in paragraph 1(d) will be kept of the number and location of Dallfs porpoise taken and that these records will be provided on a daily basis to Japanese inspectors and the marine mammal scientists of the United States on board the motherships referred to in paragraph 7(b) while mothership fleets are operating within the U.S. EEZ and to the Japanese inspectors while mothership fleets are operating outside the U.S. EEZ.
(d) The Government of Japan will take necessary measures to ensure that the captains of motherships and catcherboats will assist the marine mammal scientific observers and the scientists of the United States to report information on a daily basis concerning the accumulated take of marine mammals and other observer data collected.
6. To obtain adequate sighting data for estimating abundance:
(a) Scientists of the United States and Japan will conduct for the period covered by this memorandum annual sighting surveys for Dallfs porpoise on Japanese salmon research vessels operating in the Convention area.
(b) Scientists of the United States and Japan will cooperate with a view to developing procedures for conducting Dallfs porpoise sightings, a standardized data collection format, and training programs, so as to ensure that sighting data collected are compatible. The sighting data collected may include, inter alia, duration and time of observation, location, number sighted, distance and direction from vessel, sea condition, wind direction and strength, and visibility.
(c) The Government of Japan intends to allow, for the period covered by this memorandum, scientists of the United States on board Japanese salmon research vessels for studies of Dallfs porpoise.
7. To obtain adequate specimen material for biological studies:
(a) The Government of Japan will take necessary measures to ensure, for the period covered by this memorandum, that nationals and fishing vessels of Japan conducting salmon fishery operations within the U.S. EEZ return to the motherships, where feasible and consistent with the laws of both countries, all dead marine mammals incidentally entangled in the gillnets of the Japanese salmon fishery for collection of biological data and samples.
(b) The Government of Japan will take necessary measures to ensure for the above-mentioned period that scientists of the Government of the United States will be accepted on board motherships operating within the U.S. EEZ to collect appropriate marine mammal data and samples.
(c) Scientists of the United States on board Japanese salmon research vessels will be allowed to collect biological data and samples from all incidentally taken marine mammals, particularly Dallfs porpoise.
(d) The Government of Japan will take necessary measures to ensure that Japanese crew members will work with scientists of the United States on board motherships and will be trained in methods of collection of biological data and samples. These trained crew members will collect needed biological data and samples as far as feasible under supervision of the Japanese inspectors when mothership fleets are operating outside the U.S. EEZ.
8. The Government of Japan intends to take appropriate measures, within its competence, to ensure that funds will be provided to cover the expenses incurred in the boarding of scientists and observers detailed in 5(a) and 7(b) of this memorandum.
9. The Government of Japan will develop a system for the period covered by this memorandum to collect adequate data and biological samples of Dallfs porpoise taken in the land-based gillnet salmon fishery in order to estimate biological parameters and incidental take of Dall;s porpoise by this fishery by area, sex, and color type. The biological samples may include teeth, reproductive tissues, skeletal materials, and tissues for electrophoretic analyses.
10. The Government of Japan intends to pursue a policy to reduce the incidental take of marine mammals to the greatest extent feasible, taking into account the results of research and technological capabilities. The Government of the United States and the Government of Japan will annually review progress made toward the reduction of incidental take of marine mammals.
11. With a view to reducing mortality and serious injury rate of marine mammals by the salmon gillnets to insignificant levels, scientists of Japan will conduct field experiments of gear modifications or of other methods of reducing or eliminating the incidental take of marine mammals in the Japanese mothership gillnet salmon fishery.
12. The Government of Japan intends to take appropriate measures, within its competence, to ensure that appropriate funding is provided each year to carry out fully the agreed joint research program on Dallfs porpoise and other marine mammals incidentally taken in the fishery including the use of an appropriate Japanese vessel for cooperative research on Dallfs porpoise.
13. The Government of the United States and the Government of Japan will consult with each other on the specifics of the programs to be carried out referred to in paragraph 2, prior to each fishing season. The specifics on numbers of Japanese scientific observers referred to in paragraph 5(b), and marine mammal scientists of the United States referred to in paragraph 6(c) will be confirmed in writing by both Governments.
DONE at Washington, this 8th day of June, 1987, in duplicate.
FOR THE GOVERNMENT OF JAPAN:
Yoshiyasu Sato
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Edward E. Wolfe
