Agreement Between The Government Of The United States of America And The Government Of The Polish People's Republic Regarding Fisheries In The Western Region Of The Middle Atlantic Ocean

Filename: 1975-USPolandWesternMiddleAtlanticFisheries.EN.txt
Source: UNTS 1976, p. 168

Agreement Between The Government Of The United States Of America And The Government Of The Polish People's Republic Regarding Fisheries In The Western Region Of The Middle Atlantic Ocean

Source: UNTS 1976, p. 168

The Government of the United States of America and the Government of the Polish People's Republic, continuing to recognize the necessity of conducting fisheries on a rational basis with due regard for the status of stocks of fish and in accordance with the results of scientific research, and taking into account the need for widening and coordinating scientific research in the field of fisheries and for the mutual exchange of the results of such research,

Have agreed on the following provisions as an extension and amendment of the Agreement signed on June 2, 1973, at Warsaw:

Article 1.

1. The Government of the United States of America and the Government of the Polish People's Republic consider it desirable to expand research pertaining to the species of fish of interest to both Parties. Such research will be conducted according to national programs as well as mutually agreed research programs.

2. The competent agencies of both Governments shall ensure the following:

a. An exchange of scientific and statistical data, publications and the results of fishery research concerning the area covered by this Agreement;

b. To the extent possible, meetings of scientists of both countries as well as the participation of the scientists of one country in fishery research conducted by vessels of the other country;

c. A cooperative program through which the fisheries specialists of one country shall be placed aboard fishing vessels of the other country for the purpose of obtaining biostatistical data from catches obtained by using various fishing methods;

d. The collection, in like manner as data is collected for the International Commission for the Northwest Atlantic Fisheries (ICNAF), of biostatistical data on the total catch (including by-catch) of all species by 30 minute square graticules, by vessel class, on a haul-by-haul basis, for fisheries covered by this Agreement, and the exchange of such data at the regular meetings of representatives of the fisheries authorities of the two countries provided for in Article 8 of this Agreement.

3. Each Government shall take the appropriate steps to assure cooperation among appropriate institutions in the field of fishery research.

Article 2.

1. Each Government will take appropriate measures for the purpose of maintaining the fish stocks. For this reason, each Government shall ensure that its citizens and vessels will:

a. Refrain from fishing during the period from January 1 through April 30 in the area bounded by straight lines connecting the following coordinates:

North Latitude [TAB] West Longitude

40°05' [TAB] 71°40'

39°50' [TAB] 71°40'

37°50' [TAB] 74°00'

37°10' [TAB] 74°29'

36°30' [TAB] 74°40'

36°30' [TAB] 74°48'

37°10' [TAB] 74°48'

37°50' [TAB] 74°25'

38°24' [TAB] 73°44'

39°40' [TAB] 72°32'

[Editor's Change]

Provided, however, that in this area fishing with pelagic (mid-water) gear will be permitted south of 37°50' North Latitude.

b. Refrain from conducting specialized fisheries in all instances for scup, flounders, red hake, silver hake, menhaden, black sea bass, river herring, and bluefish in the waters situated west and south of Sub-area 5 of the area of the International Convention for the Northwest Atlantic Fisheries, signed at Washington on February 8, 1949, and north of the parallel of 34° North Latitude except for menhaden where the southern boundary shall be 30° North Latitude;

c. Limit, in the area specified in sub-paragraph b of this paragraph, their incidental catch of scup, flounders, red hake, silver hake, menhaden, black sea bass, and bluefish to a maximum total of one thousand two hundred metric tons per annum, provided that no more than one-third of such incidental catch shall be of any one of the species mentioned above. Incidental catch is that catch taken unintentionally when conducting specialized fisheries for other species.

2. Polish fishing vessels shall refrain from conducting specialized fisheries for yellowtail flounder and red hake off southern New England, bearing in mind the conservation regulations in effect pursuant to the International Convention for the Northwest Atlantic Fisheries.

3. The provisions of paragraph 1 of this Article shall not apply to vessels under 110 feet in length and to vessels fishing for crustacea or molluscs other than squid.

Article 3.

Polish fishing vessels shall:

1. Refrain from fishing during the period from February 1 through March 31 in the area adjacent to the United States coast south of 37°30' North Latitude, north of 35°00' North Latitude, and west of a line connecting the following coordinates:

North Latitude [TAB] West Longitude

37°30' [TAB] 74°38'

37°10' [TAB] 74°48'

35°00' [TAB] 74°48'

[Editor's Change]

2. In the waters situated west and south of Sub-area 5 of the area of the International Convention for the Northwest Atlantic Fisheries, and north of the parallel of 30° North Latitude:

a. Limit their incidental catch of river herring (Alosa aestivalis and a. pseudoharengus)

(1) to a maximum total of 100 metric tons for all vessels per annum, and

(2) to a maximum limit per fishing vessel of 10,000 kg. or two percent of the fishing vessel fish hold capacity, whichever is greater.

b. (1) In the event that the maximum limit in subparagraph a (1) above for all vessels per annum is reached, all Polish fishing operations shall cease for the remainder of the year in the area adjacent to the United States coast south of 39° North Latitude, north of 35° North Latitude and west of a line connecting the following coordinates:

North Latitude [TAB] West Longitude

35°00' [TAB] 74°48'

37°10' [TAB] 74°48'

37°50' [TAB] 74°25'

38°24' [TAB] 73°44'

39°00' [TAB] 73°11'

[Editor's Change]

(2) Any individual vessel reaching the designated limit in subparagraph a (2) above shall immediately cease operations in the area designated in subparagraph b (1) above for the remainder of the year.

c. Avoid concentrations of river herring and, when a concentration of river herring is encountered in the course of fishing operations, take immediate steps to avoid concentrations in future tows.

When any incidental catch of river herring exceeds 15% by weight of any single trawl catch, the vessel taking such incidental catch and all vessels in a radius of 10 miles shall, before resetting their nets, move immediately to another area which shall be no less than 10 miles distant from the location where such catch was taken.

Article 4.

Recognizing that some incidental catch of living resources of the continental shelf is unavoidable in directed fisheries for other species when fishing with fishing gear operated in contact with the bottom, the Government of the Polish People's Republic, in order to protect and conserve the living resources of the United States continental shelf, agrees to take appropriate measures to:

1. Ensure that its nationals and vessels:

a. Refrain from engaging in a directed fishery for any species of living resources of the United States continental shelf on or under the seabed or in waters above the continental shelf of the United States. A list setting forth the living resources of the United States continental shelf shall be provided to the Government of the Polish People's Republic by the Government of the United States of America. Such list may be amended if necessary during the period of force of the Agreement;

b. When engaged in fishing or in fishing support activities in waters over the continental shelf of the United States, refrain from having on board any living resources of the continental shelf taken on the continental shelf of another country;

c. Avoid concentrations of living resources of the continental shelf and, when a concentration of such resources is encountered in the course of their fishing operations, take immediate steps to avoid the concentration in future tows;

d. When any incidental catch of continental shelf living resources is taken, immediately return those resources to the sea with a minimum of injury. The amount, species, position, dates, type of gear, time gear on bottom, and disposition of such incidental catch will be promptly recorded in the vessel's fishing log book;

e. Allow and assist the boarding and inspection of their vessels using fishing gear being towed in contact with the bottom by enforcement officers of the United States for the purpose of ascertaining compliance with this Agreement;

2. Reduce the use by its nationals and vessels of fishing gear operated in contact with the bottom in fisheries off the coast of the United States, and ensure the substitution of such gear with gear which does not generally come into contact with the bottom in normal use;

3. Collect, in the same manner as catch data is collected for the International Commission for the Northwest Atlantic Fisheries, the data on the incidental catch and disposition of the living resources of the continental shelf of the United States by its nationals and vessels, and exchange such information with the Director of the Northeast Region of the United States National Marine Fisheries Service during the meetings provided for in Article 8 of this Agreement.

Article 5.

Both Governments will take appropriate measures to assure 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.

Article 6.

1. Polish fishing vessels 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 areas bounded by straight lines connecting the following coordinates:

a. during the period from November 15 to May 15

North Latitude [TAB] West Longitude

40°40'55" [TAB] 72°40'00"

40°42'02" [TAB] 72°36'16"

40°35'34" [TAB] 72°36'16"

40°34'31" [TAB] 72°40'00"

[Editor's change]

b. during the period from September 15 to May 15

North Latitude [TAB] West Longitude

39°09'00" [TAB] 74°32'00"

39°11'30" [TAB] 74°30'00"

39°08'00" [TAB] 74°24'00"

39°05'30" [TAB] 74°26'00"

[Editor's change]

c. during the period from September 15 to May 15

North Latitude [TAB] West Longitude

37°26'30" [TAB] 75°32'00"

37°29'30" [TAB] 75°30'30"

37°27'30" [TAB] 75°23'30"

37°24'30" [TAB] 75°25'00"

[Editor's change]

2. Polish fishing vessels may conduct such loading operations with other Polish vessels and vessels of other States with which the United States maintains diplomatic relations, provided that the latter vessels are under charter or contract to a Polish fishing company for such loading operations.

3. Polish support vessels shall notify the Coast Guard Communication Stations Boston (call sign NMF) or Portsmouth (call sign NMN) before conducting loading operations in the areas provided for in this Article. Similar notification shall be given before a vessel chartered by or under contract to a Polish fishing company enters a loading area to conduct loading operations with Polish fishing or fisheries support vessels.

Article 7.

1. Each Government shall, within the scope of its domestic laws and regulations, facilitate entry into appropriate ports for fishing vessels, fishing research vessels, and fishery support vessels.

2. The Government of the United States of America will permit the entry of Polish fishing and fishery support vessels into each of the Ports of Baltimore, Boston, Camden, Philadelphia, and New York. In addition, special provisions shall be made as necessary regarding the entry of Polish research vessels which are engaged in a mutually agreed research program in accordance with the terms of Article 1 of this Agreement.

3. Entry into the Ports of Baltimore, Boston, Camden, Philadelphia, and New York, as indicated in paragraph 2 above, shall be permitted subject to four days' advance notice of the planned entry to the appropriate authority.

4. The Government of the United States at its Embassy in Warsaw will accept crew lists in application for visas valid for a period of six months for multiple entries into United States ports pursuant to paragraph 2 above. Such a crew list shall be submitted at least fourteen days prior to the first entry of a fishing vessel, and at least seven days prior to the first entry of a fisheries support vessel, into a port of the United States. Submission of an amended (supplemental) crew list subsequent to departure of a vessel from Polish ports will also be subject to the provisions of this paragraph, provided that visas issued thereunder shall only be valid for six months from the date of issuance of the original crew list visa. Notification of entry under paragraph 3 above shall specify if shore leave is requested under such a multiple entry visa.

5. Entry of all vessels into the ports referred to in paragraph 2 above may be to replenish ships' stores of fresh water, obtain bunkers, provide rest for personnel of such vessels, and obtain minor repairs and other services normally provided in such ports, all in accordance with applicable rules and regulations.

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

7. In cases where a Polish seaman is evacuated from his vessel to the United States for the purpose of emergency medical treatment, the Polish authorities will ensure that the seaman departs from the United States within fourteen days after his release from the hospital. During the period that the seaman is in the United States, a representative of the Polish side will be responsible for him.

8. The exchange of Polish vessel crews in the Port of New York shall be permitted subject to:

a. Submission to the United States Embassy in Warsaw of applications for individual transit visas and crewman visas for replacement crewmen. Applications shall be submitted 14 days in advance of the date of the arrival of the crewmen in the United States and shall indicate the names, dates and places of birth, the purpose of the visit, the vessel to which assigned, and the modes and dates of arrival of all replacement crewmen. Individual passports or seaman's documents shall accompany each application. Subject to United States laws and regulations, the United States Embassy will affix transit and crewman visas to each passport or seaman's document before it is returned; and

b. In addition to the requirements of paragraphs 3 and 4 of this Article, submission to the Department of State 14 days in advance of arrival of the name of the vessel and date of its expected arrival, a list of names, dates and places of birth for those crewmen to be paroled into the United States for repatriation to Poland and the dates and manners of their departure from the United States.

Each Polish vessel operating within the area of the Agreement shall be permitted to exchange its entire crew once each twelve-month period that the Agreement remains in effect.

9. Each of the above provisions in this Article may be modified by mutual consent at any time.

Article 8.

1. Both Governments consider it useful to arrange:

a. Regular visits of representatives of the fisheries authorities of the two countries to exchange information and discuss actual or potential problems concerning the fishing grounds, questions relating to the operations of the fishing fleets, and questions arising out of the application of the provisions of this Agreement; such visits shall take place at least every three months on appropriate vessels of each side or at another mutually agreed location;

b. Mutual visits of representatives of fishermen's organizations of the two countries on vessels operating in the Western areas of the Middle Atlantic or at another mutually agreed location.

2. Those participating in each visit shall prepare a brief report of their visit in each case and submit it to the appropriate authorities of the two Governments. Visits shall be arranged between the Regional Director of the National Marine Fisheries Service in Gloucester, Massachusetts, and the chiefs of the fishing fleets of the Deep Sea Fisheries and Fishery Services Enterprise "DALMOR" in Gdynia, "ODRA" in Swinoujscie, or "GRYF" in Szczecin, as appropriate. The Regional Director of the National Marine Fisheries Service shall make arrangements for these visits in the first and third calendar quarters, and the chiefs of the Polish fishing fleets shall make such arrangements in the second and fourth calendar quarters of each year. The communications necessary to initiate the arrangements for these meetings will be made in the first month of each quarter. Each side will inform the other side, at least two weeks before the visit, of subjects it wishes discussed. Additional meetings may be requested by either party as may be necessary.

3. To facilitate communications for the purposes of this Agreement, each side shall keep the other advised of the name and radio address of the appropriate officials available in the Agreement area.

Article 9.

1. The Government of the United States of America and the Government of the Polish People's Republic will take steps to minimize the possibility of conflict between gear anchored in the sea and mobile fishing gear and to investigate conflicts when they are reported. This will include:

a. For the American side, with respect to fixed fishing gear, development and use of improved marking and deployment practices, and timely notification of known locations of fixed fishing gear by transmission of daily radio messages to the Polish fleet.

b. For the Polish side:

(1) Notice to American authorities of areas of concentration of the Polish fishing fleet in the vicinity of locations of fixed gear. This notification shall be accomplished in the form of a daily response to the fixed gear notification by American authorities and shall include current locations of the Polish fleet as well as inspection vessels.

(2) Acknowledgment of receipt of the daily fixed fishing gear notifications described in subparagraph a above.

(3) Additional precautionary measures by Polish vessels to avoid fishing operations that could damage the fixed gear set by United States fishermen engaged in a specialized fishery for the living resources of the continental shelf, including the requirement that Polish vessels at all times remain a reasonable distance away from fixed gear areas in order to prevent damage to fixed gear and interference with the setting or hauling of such gear.

c. For both sides:

(1) If a vessel is operating near a fixed gear area in such a manner as to indicate to competent authorities of either country that a conflict is likely to occur, the above-mentioned authorities shall, with a view to facilitating flag State corrective action, take prompt steps to prevent the potential conflict. This will include, where possible, communicating information and warnings concerning the potential danger to the vessels involved and to any inspector of the other Government known to be in the vicinity or a designated authority of the other Government. Upon receiving such communications, the authorities shall promptly take appropriate action to attempt to avoid the occurrence of a conflict. The vessels involved should also communicate directly using the customary international radio communication procedures.

(2) When a conflict has occurred, either side shall immediately notify the appropriate authorities of the other side. Both sides shall insure that prompt and thorough investigations are made by appropriate inspectors for their own side. These investigations should be made on the site of the incident when possible. On a voluntary basis, the investigation may be conducted jointly by inspectors of both sides. The invitation to the inspector of the other side will be extended by the inspector of the flag State upon the request of the master in charge of the fishing vessel involved in the conflict. The results of these investigations shall be provided to the U.S.-Polish Fisheries Board for use in case of a claim arising out of the conflict.

d. The detailed provisions and procedures of Annex II shall be followed to the extent possible in implementing the provisions of this Article.

Article 10.

Both Governments agree to the establishment of the U.S.-Polish Fisheries Board set out in Annex I which forms an integral part of this Agreement.

Article 11.

The Scheme of Joint International Enforcement in effect under the International Convention for the Northwest Atlantic Fisheries shall apply on a voluntary basis for the enforcement of the provisions of this Agreement, except where enforcement is otherwise provided for in the Agreement. Nothing in this paragraph is intended to modify the mandatory application of the Scheme of Joint International Enforcement under the International Convention for the Northwest Atlantic Fisheries to conservation regulations under that Convention, or to the system of enforcement applicable to the nine-mile fishing zone contiguous to the territorial sea of the United States of America.

Article 12.

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

Article 13.

The present Agreement shall enter into force on July 1, 1975, and shall remain in force for a period of one year, and if both parties so agree at that time it may remain in force thereafter for an additional period of one year. At the request of either Government, representatives of the two Governments will meet at a mutually convenient time at any time during the period of force of the Agreement with a view to modifying the present Agreement or Annexes thereto. 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. Notwithstanding the above, at any time either Government may communicate to the other Government its intention to denounce the present Agreement, in which case the Agreement shall terminate two months from the date on the communication. As soon as possible after receipt of such communication, representatives of the two Governments will meet to discuss possible future arrangements. An Annex may be terminated in the same manner during the life of the Agreement without prejudice to the operation of the Agreement. In the situation covered by the Exchange of Notes of May 29, 1975, Annex I shall be terminated in accordance with that Exchange of Notes.

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

DONE in Washington, May 29, 1975, in duplicate, in English and Polish, both texts being equally authentic.

For the Government of the United States of America: [Signed by William L. Sullivan, Jr.]

For the Government of the Polish People's Republic: [Signed by Romuald Pietraszek]

ANNEX I

ESTABLISHMENT OF A U.S.-POLISH FISHERIES BOARD

Section I. ESTABLISHMENT OF THE BOARD

1. There is hereby established a U.S.-Polish Fisheries Board (hereinafter called the Board).

2. The Board shall consist of four members, two appointed by the Government of the United States of America and two appointed by the Government of the Polish People's Republic. At least one of the two members appointed by each Government shall have knowledge of the general principles of international law, particularly those relating to fisheries matters. Each Government-appointed member shall serve at the pleasure of the appointing Government. It is the responsibility of each Government to maintain its full complement of members.

3. Each Government may appoint one non-voting technical adviser to the Board for each matter heard.

4. All decisions of the Board shall be undertaken unanimously by those members present and voting, so long as at least one member appointed by each Government is present.

5. The Board shall normally sit in New York, New York. Insofar as is necessary considering the location of the parties and the availability of evidence, the Board may sit elsewhere.

6. English and Polish shall be the official working languages of the Board. The Governments shall assist the Board in arranging for necessary translations and interpretations.

7. As used in this Annex, the term "national" refers to any vessel or person, natural or juridical, including but not limited to a governmental entity.

Section II. CONCILIATION FUNCTIONS

1. The Board shall consider claims advanced by a national of either State against a national of the other State regarding financial loss resulting from damage to or loss of the national's fishing vessel or fishing gear.

2. No claim may be brought more than six months after the occurrence of the relevant incident, unless the Board decides unanimously to make an exception for a specific incident occurring during the six weeks prior to the entry into force of the Agreement.

Section III. CONCILIATION PROCEDURES

1. The Board shall establish its procedures in accordance with this Annex.

2. A claim, as referred to in Section II above, shall be brought before the Board by a written request. The request shall be in the form of a sworn statement which shall include, inter alia, a detailed account of the incident from which the claim arises, the identity of all persons and vessels involved, the remedy sought (damages claimed), and a list of potential witnesses knowledgeable about the incident. All appropriate documentary evidence supporting the claim shall be forwarded with the claim to the Board.

3. Upon receipt of a claim, the Board shall, as soon as practicable, commence an inquiry into the incident, and inform both Governments. Each Government shall immediately notify any of its nationals against whom a claim is made. Its nationals may in turn file with the Board a sworn statement responding to the claim. The response may contain a counterclaim insofar as the counterclaim arises from the same incident upon which the claim is based. A counterclaim shall be in the same form and contain the same information as a claim. The Board may join claims that arise from the same incident, without prejudice to the right of each party to present evidence with or without counsel.

4. The Board may request further information and documents from the parties to the dispute or from appropriate governmental agencies. All statements, reports, or other documents presented to the Board shall be duly sworn and attested as to their authenticity, insofar as reasonably possible. Official Government reports and documents need not to be so authenticated.

5. If either the claimant or the respondent requests a hearing, or if the Board deems it desirable to hold a hearing, the Board shall convene a hearing regarding the incident. The claimant and respondent may appear at the hearing, personally or through a representative, with or without counsel, and may present witnesses. The Board may invite as a witness any person, organization, corporation, or other entity which has a direct interest in or knowledge of the matter. The claimant and respondent shall be permitted to question all persons testifying at the hearing, provided that no person shall be required to respond to any question.

6. The Governments will facilitate the work of the Board.

Section IV. CONCILIATION REPORT

1. The Board shall prepare a report containing its findings as to:

(a) the facts giving rise to the claim;

(b) the extent of damage or loss;

(c) the degree of respondent's or claimant's responsibility, if any; and

(d) the amount, if any, which should be paid by respondent or claimant as compensation for losses arising from the incident.

2. If the Board does not unanimously adopt the findings, this shall be stated in the report, and the report shall contain separate statements of each Board member's opinion.

3. The Board shall transmit its report to the claimant, to the respondent, and to each of the two Governments no later than sixty days after the completion of the procedures under Section III.

4. Within thirty days after receipt of the Board's report, either the claimant or the respondent may request in writing that the Board reconsider its report. The request shall set forth the reasons for the request and material substantiating the request. The Board may decide to reconsider its report and, if it deems appropriate, receive new evidence or convene a rehearing, or both. Section III procedures will be applicable to the reconsideration.

5. The two Governments undertake to encourage settlement of claims in accordance with the findings of the Board.

6. Within sixty days of receipt of the Board's report each Government shall report to the Board in writing the actions taken by its nationals pursuant to the Board's findings.

7. If one of the parties to a conciliation proceeding refuses to settle in accordance with the findings of the Board, the Board shall encourage the parties to submit their dispute to binding arbitration.

8. The Board's report and the report of each Government shall be published in the form agreed by the Board.

Section V. USE OF THE BOARD

The two Governments shall encourage their nationals to use in the first instance the Board to settle claims resulting from damage to or loss of fishing gear and vessels. The Governments shall give information about the Board to interested persons.

Section VI. APPLICATION OF FISHERIES AGREEMENTS

1. At the request of either Government, the Board shall consider questions arising out of the application of the provisions of a bilateral fisheries agreement in force between the two Governments or claims by either Government that vessels flying the flag of the other Government have violated any such provision.

2. Upon receiving from one Government written notice of a question or claim, including details of the incident and the identity of the persons or vessels involved, the Board shall immediately notify the other Government and commence an inquiry into the matter. The Board shall consider such information and documents as the Governments may submit, and may make such requests in this regard as may be necessary. At the request of either Government, the Board shall convene a hearing, at which both Governments shall be represented.

3. Both Governments undertake to facilitate the Board's consideration and investigation of questions and claims.

4. On the basis of its consideration and investigation of the question or claim, the Board shall prepare a report containing its findings as to:

(a) the facts giving rise to the question or claim;

(b) the nature and extent of the violation, if any; and

(c) if appropriate, recommended procedures for avoiding difficulties or violations in the future.

5. If the Board does not unanimously adopt the report, the report shall include one or more statements by the dissenting members.

6. The two Governments will give good faith consideration to the reports of the Board in determining whether remedial action is appropriate and shall report in writing to the Board within three months after the Board's report regarding action taken to implement the findings. In the event either receiving Government is unable to comply with one or more of the Board's recommendations, it shall inform the Board and the other Government of the reasons therefor in its report.

7. The Board may join proceedings under this Section with proceedings under Section III, if the claims and questions arise out of the same incident, without prejudice to the right of each party or Government to present evidence and arguments with or without counsel.

8. The Board's report and the report of each Government shall be published in the form agreed by the Board.

Section VII. APPLICABLE LAW

In all proceedings under this Annex the Board shall apply:

(a) international conventions, whether general or particular, establishing rules expressly recognized by the two Governments, including bilateral and multilateral agreements between the two Governments dealing with fisheries and maritime matters generally;

(b) international custom, as evidence of a general practice accepted as law;

(c) the general principles of law recognized by nations;

(d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Section VIII. OTHER REMEDIES

1. Nothing in this Annex shall preempt, prejudice, or in any other way affect judicial proceedings, or the right to institute such proceedings, or in any way prejudice or affect the substantive or procedural rights of any person, whether or not such person appears before or participates in the proceedings of the Board.

2. No claim shall be brought the substance of which has been or is being adjudicated or arbitrated between the parties. The Board may refuse to consider a claim on the grounds that it should be joined to an existing judicial proceeding involving substantially the same issues and in which the law applicable to such judicial proceeding appears to permit such joinder.

3. The Board shall immediately suspend conciliation proceedings regarding a claim in respect to which judicial proceedings are instituted, unless the court before which the proceedings are pending determines, in the exercise of its lawful authority, that the parties may continue to proceed before the Board.

4. The Board shall immediately terminate conciliation proceedings regarding a claim in respect to which there is a binding agreement to arbitrate.

Section IX. FUNDING

Each Government shall pay all expenses, including compensation, of the members it appoints to the Board and of any technical advisers it appoints. The two Governments will share equally all the administrative and operational costs of the Board. Such costs do not include expenses related to the presentation or production of evidence or the appearance of witnesses.

ANNEX II

MEASURES TO PREVENT FISHING CONFLICT IN THE WATERS OFF THE COAST OF THE UNITED STATES

1. a. This Annex applies to the waters off the east coast of North America.

b. For purposes of this Annex,

"Fishing vessel" means any vessel engaged in the business of catching fish;

"Vessel" means any fishing vessel and any vessel engaged in the business of processing fish or providing supplies or services to fishing vessels.

2. a. Fishing vessels shall be registered and marked in order to ensure their proper identification at sea in accordance with the regulations of each Government. The competent authorities of each Government shall inform the competent authorities of the other Government of the system of registration and marking used.

b. Each fishing vessel shall carry on board an official document, issued by the competent authority of its country, showing the name, if any, and description of the vessel, its nationality, its registration letter or letters and number, and the name of the owner or of the firm or association to which it belongs.

c. Each fishing vessel shall carry a national flag in good condition to be shown at the request of the competent authorities.

d. The nationality of a fishing vessel shall not be concealed in any manner whatsoever.

3. a. Subject to compliance with the International Regulations for Prevention of Collisions at Sea, all vessels shall conduct their operations so as not to interfere with the operations of fishing vessels or fishing gear.

b. Vessels arriving on fishing grounds where fishing vessels are already fishing or have set their gear for that purpose shall inform themselves of the position and extent of gear already placed in the sea and shall not place themselves or their fishing gear so as to interfere with or obstruct fishing operations already in progress.

c. No vessel shall anchor or remain on a fishing ground where fishing is in progress if it would interfere with such fishing unless required for the purpose of its own fishing operations or in consequence of accident or other circumstances beyond its control.

d. Except in cases of force majeure no vessel shall dump in the sea any article or substance which may interfere with fishing or obstruct or cause damage to fish, fishing gear or fishing vessels.

e. No vessel shall use or have on board explosives intended for the catching of fish.

f. In order to prevent damage, fishing vessels engaged in trawling and other fishing vessels with gear in motion shall take all practicable steps to avoid nets and lines or other gear which is not being towed.

g. (1) When nets belonging to different fishing vessels get foul of each other, they shall not be severed without the consent of the parties concerned unless it is impossible to disengage them by other means.

(2) When fishing vessels fishing with lines entangle their lines, the fishing vessel which hauls up the lines shall not sever them unless they cannot be disengaged in any other way, in which case any lines which may be severed shall where possible be immediately joined together again.

(3) Except in cases of salvage and the cases to which the two preceding subparagraphs relate, nets, lines or other gear shall not under any pretext whatever, be cut, hooked, held on to or lifted up except by the fishing vessel to which they belong.

(4) When a vessel fouls or otherwise interferes with gear not belonging to it, it shall take all necessary measures for reducing to a minimum the injury which may result to such gear. The fishing vessel to which the gear belongs shall, at the same time, avoid any action tending to aggravate such damage.

4. With respect to nets, lines and other gear anchored in the sea, fishing vessels shall comply with the rules set out below in this paragraph.

a. Fishing vessels operating gear anchored in the sea shall, when they are present, notify approaching vessels of the position and extent of gear.

b. Fishing vessels using mobile gear shall:

(1) Maintain a continuous visual and radar watch for markers indicating the position and extent of gear anchored in the sea.

(2) Avoid areas where gear is known to be anchored in the sea.

5. The American side will inform the Polish fishing fleet, through the Chief of the Polish fishing fleet, of the known locations of fixed fishing gear on a timely basis by transmitting daily messages by radio in the following manner:

a. The message transmitted on the first day of each month shall be a summary report containing a complete description of the fixed fishing gear located along the entire coast as of that date, without referring to earlier messages, and shall be numbered as follows:

01 01 75 (for 1st January 1975)

01 02 75 (for 1st February 1975) etc.

b. Subsequent daily messages concerning changes occurring in the locations of the fixed gear described in the first message for the current month shall be numbered in the order in which they are transmitted during that month; thus for January 1975:

01 01 75

02 01 75

31 01 75

where the first two figures indicate the sequence number of a message during that month. The summary and daily messages shall indicate both the type and location of the fixed fishing gear.